Professional Documents
Culture Documents
RATHMALANA
BACHELOR OF TECHNOLOGY
IN
INDUSTRIAL MANAGEMENT TECHNOLOGY
ASSIGNMENT - 01
CORPORATION PROFILE OF PELWATTA
SUGAR COMPANY (PVT) LTD
INDUSTRIAL AND COMMERCIAL LAW – MS30406
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ACKNOWLEDGEMENT
In preparation of this Report, we would like to extend our sincere gratitude to the following persons
for the assistance, guidance and encouragement given to finish this report successfully.
First of all, I would like to owe my special thanks to the Mr. Asanka Karunaratna course lecturer of
the course module MS30406 for providing me a lot of guidance and support to the achievement of this
report.
Then we would like to express our gratitude to University of Vocational Technology, Ratmalana for
providing us the opportunity to undergo an industrial management technology degree program. And
Mrs.Oshadie, Head of Department of Management, for the support rendered throughout our degree program
that has shown the attitude and the substance of a genius.
Next, we would like to thank all the lectures in the Department of Industrial Management for
providing me enough guidance and support.
Finally, our thanks also go to my colleagues who always motivate me by giving me support
whenever I needed.
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CONTENT
1.0 Brief explanation about Pelawatte sugar company (pvt)ltd
1.1 introduction
1.2 History
1.3 Company layout
1.4 Main function
1.5 Nature of business
1.6 Vision and Mission
1.7 Objectives
1.8 Organizational structure
1.9 Product and services offered by Lanka sugar company ltd
1.10 Training unit
1.11 Main department of the company
1.11.1 Human resources department
1.11.2 Agriculture department
1.11.3 Department of finance
1.11.4 Factory department
1.11.5 Distillery department
1.11.6 Internal audit section
2.0 Brief explanation about law side of the pelwatta sugar company (pvt)ltd
2.1 Department policy for the sugar industry
2.1.1 The necessity of a development policy
2.1.2 Policy objectives
2.1.3 Policy instruments
2.1.4 Policy matrix
2.2 Management law
2.2.1 Legal information about pelwatte sugar company (pvt)ltd
2.2.2 Board of director’s responsibility for the financial statements
2.2.3 Auditor’s responsibilities
2.2.4 Report on other legal and regulatory requirements
2.2.5 Noncompliance with rules, regulations and management decisions
2.2.6 Management activities
2.2.7 Staff administration
2.2.8 Audit committees
2.2.9 Environmental audit
2.2.10 System and control
2.3 Labor law
2.3.1 Who do we serve
2.3.2 Sugar industry (agricultural workers) remuneration order
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2.4 The industrial relations act
2.4.1 Regulations made by the minister under section 96 of the industrial relations act
2.4.2 Second schedule (regulation 3)
2.4.2.1 Hours of work during core section
2.4.2.2 Hours of work during intercrop section
2.4.2.3 Additional work
2.4.2.4 National calculation of hourly rates
2.4.2.5 Task works
2.4.2.6 Rates of pay for cutting and/or loading
2.4.2.7 Production bonus
2.4.2.8 Disturbance allowance
2.4.2.9 Limitations on assignment of work
2.4.2.10 Conversion of monthly employment
2.4.2.11 Payment of wages
2.4.2.12 Overseas allowance
2.4.2.13 Field workers’ allowance
2.4.2.14 Travelling benefit
2.4.2.15 End of year bonus
2.4.2.16 Paid leave
2.4.2.17 Special leave
2.4.2.18 Overseas leave
2.4.2.19 Sick leave
2.4.2.20 Sugar allocation
2.4.2.21 Gratuity on retirement
2.4.2.22 Optional retirement
2.4.2.23 Gratuity of death
2.4.2.24 Maternity benefits
2.4.2.25 Grand of family of deceased worker or pensioner
2.4.2.26 Housing allowance
2.4.2.27 School transport
2.4.2.28 Medical facility
2.4.2.29 Uniforms and protective equipment
2.4.2.30 Supply of drinking water
2.4.2.31 Weekly notice of termination of employment
2.4.2.32 Trade union officials
2.4.2.33 Bonus to workers retiring before the end of the year
2.4.2.34 Issue of tools and equipment
2.4.2.35 Workers employed by job contractor
2.4.2.36 Working hour payments
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1.0 BRIEF EXPLANATION ABOUT
PELAWATTE SUGAR COMPANY
(PVT)LTD
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1.1 Introduction
Figure 1Company
Pelwatte Sugar Industries PLC is a Sri Lankan sugar manufacturing company, which is listed on the
Colombo Stock Exchange. The main sugar factory of the group is located in Buttala in the Moneragala
District, Uva Province, about 225 kilometers (140 mi) from Colombo to the east of the country. Local sugar
industries produce about 13% of Sri Lanka overall demand of sugar and pelwatte sugar industry being
largest sugar company in Sri Lanka, producing 8% from local production. Pelwatte Sugar Industries
Limited. More than 5500 workers work as local residence, part time and seasonal in the industry. The
company itself cultivate 2,700 hectares (Nucleus estate). It has settled nearly 1,500 families in the blocks.
The factory is fed their 3,500 hectare as well. More than 7,600 of out growers that spread in Monaragala,
Ampara and area around the factory.
1.2 History
Keeping with the declared aim of the Government of Sri Lanka (GOSL) to make the country self-sufficient
in sugar, a World Bank study was undertaken in 1978 to identify areas in the Monaragala District of Sri
Lanka which was considered to be suitable for rain-fed sugar cane cultivation.
Booker Tate Ltd - BTL (formerly known as Booker Agriculture International Ltd. - BAI) were invited to
carry out a feasibility study and they conducted a comprehensive study within a year and submitted their
report in 1980.The conclusion of the study was that a viable sugar estate could be established at Pelwatte
under rain fed conditions. The proposal was accepted by GOSL
Accordingly, Pelwatte Sugar Company Ltd was established in 1981. The first Board meeting of the newly
formed Pelwatte Sugar Company was held on the 30th December 1981.BAI was appointed as corporate
managers designate and began to implement the project in 1982.
The formal opening of the factory took place on 9th June 1986 by, His Excellency J.R. Jayewardene, the
President of Sri Lanka.
A factory commissioning trial was successfully undertaken in March 1986 and commercial operations
commenced on 2nd June 1986.
Pelwatte Sugar Industry was incorporated in Sri Lanka on 19th February 1981 as a private Company
managed by Booker Agriculture International Ltd. It was converted a Public Liability Company on 10th
December, 1982 and quoted in the stock exchange in 1984. In 1990, the company has changed her name to
Pelwatte Sugar Industries Ltd.
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Subsequently the company has taken over by “Guang Dong” a Chinese company in 1994. Thereafter
Government of Sri Lanka has taken over the management until 2002.A Sri Lankan company named Master
divers (Pvt) Ltd has purchased 53.5% shareholding and taken over the management in year 2002. Master
Divers Private Limited has sold approximately 47% of the issued capital to Melstacorp which is a subsidiary
of Distillery Company of Sri Lanka PLC in year 2011 March.
As a result of that government has taken the control back under the revival of
Underperforming enterprises or underutilized assets Act No.43 of 2011” on 11 November 2011. In this period
the company has controlled under a competent authority who was the then Government Agent –
Hambanthota. This tenure has extended up to 24th August 2012 until the incorporation of Lanka Sugar
Company (Pvt) Ltd.
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1.4 Main function
The main of the company is producing sugar using sugar cane. Main wastages of crushing and centrifugal
separation are bagasse and final molasses. Bagasse is use as feed to the boiler and final molasses as the feed
to the distillery
Vision -:
To become an eminent and technologically most advanced South Asian sugar complex that produce
20 percent of sugar and 100 percent of alcohol requirement of
Sri Lanka.
Mission-:
To promote sugar cane cultivation, produce best quality brown sugar, alcohol and other products by
ensuring sustainable income for farmers and creating a positive workplace for employees whilst
guaranteeing remunerative return to the shareholders.
1.7 Objective
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1.8 Organizational Structure
Golden Brown Commodity Sugar | Golden Brown Value Added Picketed Sugar
Bio – Compost Fertilizer
Ethanol
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Electricity Power Generation from Bio-Gas
There is a Training Unit in Lanka Sugar Company (Pvt) Ltd – Pelwatte. It is coming under the Department
of Human Resource (HR). Organizational structure of Training Unit as follows:
Training Officer
(Productivity Promotion Coordinator)
Welder
Print machine operator
Contract Labor
Office assistant
There are three types of trainee’s train through the training Unit.
In plant Trainees – Train University Students and other students of Technical collages
NAITA Trainees – Students of National Apprentice and Industrial Training Authority and
Company Labors
Approximately 100 students are training in Lanka sugar company (Pvt) Ltd - Pelwatte through training
center. The Training Unit provides for trainers Local as well as Overseas training facilities and they give
valuable Certificate to in Plant and NAITA students who complete training program successfully. And also
if there are vacancies, they can apply for permanent position according their qualifications and experience.
Finally, I can conclude that, Training unit provide valuable services to trainers.
In the human resource department there are nine sections. All the sections were uncrolled.
Training Centre
Training NAITA Trainees, In plant Trainees & Specially for company employees. Company
gives inbound and outbound training for the trainees and employees.
Transport Section
There are about 410 vehicles. All Vehicles’ records maintain in this section. (license, Insurance)
Security
Security section
Protecting physical and human assets of the company
Medical Centre
Supplying Medical & Other facilities for employees and settler farmers of company.
Safety Unit
Protecting every employees & Assets in the company.
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Environment & Township
Maintain & repairing employee’s houses of the company & landscaping company premises. There are
638 houses for the employees.
Investigation Section
Investigating employees’ issues and providing solutions for the problems. Final decision taken by the
HRM.
Legal section
Main tasks are doing inquiry and signing agreements.
Weedicides
Paracot
MCPA 60
Diuron
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Diseases
SMUT disease
Grassy shoot disease
Top Borer
Pokkahboeng
Red Rot
Sugar Cane Rust disease
M 438/59 SL 8306
The finance department of a business takes responsibility for organizing the financial and accounting affairs
including the preparation and presentation of appropriate accounts, and the provision of financial
information for managers.
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Finance department is the key department among other departments of Lanka Sugar Company (Pvt) Ltd –
Pelwatte. Head of the Department is Deputy General Manager. Every financial and Management practices
are controlled by DGM. There are several sections in Finance department. Those main sections are:
Department of Finance
During my training period, I have completed all the sections are in department of finance. Overall
information’s of those sections are as follows:
Purchasing Section
Purchasing Section is important section in finance department of Lanka sugar Company (Pvt) Ltd –
Pelwatte. It Purchase items (Goods, Services and Works) which help to carry out day to day business
activities continuously
Purchasing Manager
(HOS)
Purchasing Assistants
Purchasing Clerk
Office assistant
Purchasing Procedure
1. Request to Order (RTO) and Purchase Requisition (PR) received from Main stores.
2. After checking budget allocation on PR, Purchasing Manager Assign to Subject Related Purchasing
Assistant that RTO and PR.
3. Considering amount, if it is more than Rs. 25000/- Select Suppliers from Supply register and call
quotation.
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4. Call quotation from selected suppliers and after two weeks’ open quotation in the tender meeting at
the in front of tender committee.
5. Prepare “User schedule” by Purchasing Assistant and give to User to get approval from User.
6. After get approval from user, prepare “Tender schedule” and present to the Tender board. As well as
according to requirements it should be present to the Technical Evaluation Committee.
7. After get approval from Tender board prepare the Purchase Order by using “Baan System” and fill the
cheque request. PO and Cheque request give to Payable section.
8. After receiving Goods Receiving Notes (GRN) from the stores if there are difference received goods
from ordered things, prepare the Return orders.
Main Stores
Main stores control by the Management Accountant. There are three sub stores in Main stores of Lanka
Sugar Company (Pvt) Ltd – Pelwatte. Agriculture stores, Factory stores and General stores. As well as there
are receiving section and computer lab also.
Stores Manager
(HOS)
Receiving Principal
Officer Clerk and
Accounts
Clerk
Labors
Office Assistant
Functions
Collecting Request to Order (RTO), Preparation Purchase Requisition (PR) and handover RTO and PR
to purchasing section.
Collecting and checking Goods and preparing Goods Receiving Notes (GRN) for Direct Issues (DI)
prepare the DIC and for return goods prepare the Return to Supplier Note.
Arranging Goods according to stock codes and Maintaining Bin Cards.
Checking Bin Cards with monthly reports of stock which created in system.
Writing Store Issue Requisition (SIR) and Posting SIR into system.
Creating Stock codes.
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Cost Accounting Section
Cost management is an activity of managers related to planning and control of costs. Managers have to take
decisions regarding use of materials, processes, product designs and have to plan costs or expenses to
support the operating plan for their department or section. All the cost activities identify according cost code
and expenditure code. For this, company handling “Cost code” book.
Management Accountant
(HOS)
Cost Accountant
Functions
Collecting all the cost details monthly from all the sections.
Posting Journal Vouchers to the system and preparing monthly cost accounting pack.
Pricing inventory Stock of Main stores and Pricing fuel stock of fuel station through system.
Updating inventory program and making valuation adjustment.
Preparing final cost accounts and preparation of cost detailed summary to auditors
Preparing variance reports and enter for management accountant.
Making arrangement for controlling cost of company.
Budgeting Section
A budget is a quantitative plan for the future that assists the organization in coordinating activities. The
budget is used by a business to set expectations for revenues and expenses in future periods. As a
Manufacturing company Lanka sugar company (Pvt) Ltd – Pelwatte is preparing detailed budget and use
“Zero based” budgeting method. Accounting period is January to December. Annual budgeted final
accounts set for next year is preparing October month of every year. Limiting factor is raw materials.
Management Accountant
(HOS)
Accounts clerk
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Functions
Preparing Budgeted Profit and Loss account, Balance sheet and Cash flow statement.
Preparing Cane budget of Settler, OG, NE, Agronomy and ISFO.
Preparing Agriculture supporting section budget.
Preparation of Distillery budget.
Preparing Other projects - Golf ground
Capital budget prepare for each department (Finance, Agriculture, HRM, Factory, Operation and
Distillery).
Checking Budget allocation on Purchase requisition.
Payable Section
The Accounts Payable is also an integral part of the financial department. Every payment of Lanka Sugar
company (Pvt) Ltd – Pelwatte made through this Payable section. All postings in Accounts Payable are also
recorded directly in the General Ledger. The payment program can automatically carry out bank transfers
and down payments.
Payable Accountant
HOS
Functions
Preparation of Supply payments based on Local Purchase Order (LPO) and Overseas Purchase Order
(OPO)
Preparation of cheque vouchers and writes Cheques.
Preparation of molasses payments, cane transport payments and late casual salary payments.
Payments for land preparation
Payroll section
In a company, payroll is the sum of all financial records of salaries for an employee, wages, bonuses and
deductions. In accounting, payroll refers to the amount paid to employees for services they provided during
a certain period of time. Payroll section is important section in financial department. It is responsible for
preparing salaries of every type of employees. For prepare salary payments they use a system.
Categories of employees:
Permanent staff - Managerial grade about 130 employees and S & P (non-executive) about 1500
employees.
Casual workers - about 3400 workers.
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Contract labor
Trainees
Organizational structure of the Payroll
Payroll Account
(HOS)
Office assistant
Functions
Collecting attendance reports and salary related details from every section on 10 th of every month and
Preparing monthly salary payments of Permanent and contract employees on 25th of every month.
Preparing salary payments of casual labors fortnightly.
Preparing allowances for NAITA trainees (Rs 1500/-) and in plant trainees (Rs 2500/-) monthly.
Preparing EPF and ETF reports monthly and send to the Central bank.
PAYE tax report to Inland Revenue department.
Deduction from employee salaries to third parties (Bank, Insurance companies) record and pay orders
transfer to them.
Preparing gratuity payments
Preparing Journal Vouchers and reports on salary information report to the DGM finance on or before
10th of following month.
Ledger accounting section is collecting summarized, aggregated transaction data source for the preparation
of periodic financial statements. In the G/L, data are stored according to the ‘double-entry’ system and G/L
is organized into a series of ‘accounts’ (cfr. ‘chart of accounts’): data files to record transactions of a
particular type.
Ledger Accountant
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Functions
Preparing monthly and annual final accounts (Comprehensive income statement, statement of financial
position, Cash flow statement).
Updating fixed assets register and calculating depreciation on fixed assets according standard rates.
Preparing monthly Bank reconciliation statement.
Preparing bicycle payments of field assistants of OG, Settler, ISFO, NE and Agronomy.
Preparing monthly Guest house operation activity reports (Income and expenditure).
Preparing reports on 01kg sugar packets sales by Colombo office.
Plantation Accounting section of Lanka Sugar Company (Pvt) ltd – pelwatte consists with Settler accounting
section, OG accounting section and ISFO accounting section.
There are 1600 farmers in settler, around 3000 farmers in six divisions of OG and about 300 farmers in
ISFO. Company received sugar cane approximately 350000 Mt per year from those three types of farmers.
Plantation Accountant
(HOS)
Office Assistant
Functions
Checking weigh bridge tickets with dispatch and debit notes of all the types of farmers.
Preparing Seed cane and Commercial cane advance payments of farmers. (HLT advance payment is Rs
1500/- per ton)
Preparing Seed cane and Commercial cane final payments of farmers. (Rs 4000/- per commercial green
cane ton, Rs: 4300/- and Rs: 4500 per ton of seed cane) settler farmer final payment prepare at the end
of harvesting. But OG and ISFO farmer final payment prepare fortnightly.
Updating farmer loan of those three types of farmers.
Using monthly summary, pass Journal Vouchers to Cost account section and ledger account section.
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1.11.4 Factory Department
There are about 572 employees in the Factory and there are 6 sections of the factory department
Civil Engineer
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continuous clarifier. The clear juice is drawn out and mixed with the mud. The muddy juice, filtrate, is Tons
of Crushing per Day
taken for re-processing, whereas the left out mud or filter cake is sent out and is utilized as manure for fields.
The clear juice contains around 70% water. This water is evaporated in a series of vessels called Evaporator
bodies. The concentrated juice coming out of the last body evaporator is known as syrup which has around
55-60 Brix2. This syrup is bleached once again by passing SO2 gas in the syrup sulphitor. The sulphited
syrup is drawn to vacuum pans for further concentration and crystallization. The mixture of sugar crystals
and mother liquor, massecuite3, is dropped into crystallizers. The massecuite from crystallizers is taken to
a centrifuge for separation of sugar crystals and mother liquor. The mother liquor is again taken to the pan
for re-boiling of second and third (low-grade) massecuite. The Molasses separated from the last massecuite
is known as final Molasses, which is weighed and stored. This molasses is used in the distillation process
for generation of alcohol. Sugar obtained from first grade massecuite is dried through hot and cold air
blowers over the hopper. Grading of sugar is done through a grader and then it is bagged, weighed and
stored.
Fermentation of molasses to produce Alcohol. molasses pump to the fermentation section from the factory.
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Distillation
Eliminate Water & get Alcohol from fermented wash.
Storage & Issuing
Storage & issuing of Ethanol for the customers
Engineering & maintenance
Maintaining & Repairing machine of distillery department
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Process of the Distillery
Lanka Sugar Company (Pvt) Ltd – pelwatte is a valuable resource of Monaragala district. Because most of
the families in Monaragala district depend on Cane cultivation and there are approximately 5000 employees
(Permanent, Contract and casual) are working in this company. It causes for increase their quality of life.
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2.0 BRIEF EXPLANATION ABOUT LAW
SIDE OF THE PELWATTA SUGAR
COMPANY (PVT)LTD
LAW side of
pelwatte sugar
company
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2.0Policies related to sugar industry
2.1 Development policy for the sugar industry
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Ensure mills have enough cane.
Invest in water resources and infrastructure to support sugar production.
Develop workforce to meet the needs of the sugar industry.
SRI's functions should be expanded.
By reducing carbon dioxide emissions and increasing green energy production, we can contribute to a
more sustainable future.
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regions of sugar improvement as water is the foremost restricting calculate for growing sugarcane
development and accomplishing tall yields. Numerous irrigation tanks are accessible within the
existing and potential regions of sugar advancement. Since these tanks are under the Office of
Irrigation, a component should be formulated to achieve this errand.
7). Labor Advancement Approach: The extension and advancement of the sugar industry needs labor of
distinctive disciplines and fitting activity has got to be taken to guarantee that the desired labor is
accessible for the division. Agriculturists, Engineers, Technologists, Bookkeepers, Professionals etc.
are required in large numbers. Since the existing educational programs of the nation don't create labor
for the wants of the sugar industry, essential courses of action need to be made with the preparing teach
to prepare individuals within the regions required for the industry.
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d. Correct the SRI Act to broaden its scope of specialist to
incorporate innovation exchanges and improvement
capacities. This will empower the SRI to include in
inquire about capacities and encourage the
adoption/application of the knowledge/technology created
through investigate.
2. Investment To incentivize a. Give income/cooperate charge exclusions for a beginning
policy venture in sugar period of five a long time for renovation/modernization of
improvement and the existing sugar plants and refineries and for cogeneration
increment scale of
operation b. Give 100% assess concessions for the importation of
apparatus, gear and saves to set up modern mills/distilleries
which have a least plant measure of 2,000 TCD. Plant sizes
underneath a 2,000 TCD capacity will be allowed 50%
charge concessions for the importation of apparatus,
hardware and saves.
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d. Set up four modern sugar plants in Monaragala,
Batticaloa, Kilinochchi and Ampara areas with the plant
sizes of 2,500 TCD, 2,000 TCD, 3,300 TCD and 2,000
TCD individually inside a 40 – 50 km sweep.
Appropriate arrive has been distinguished; 22,815 Ha in
Monaragala, 12,000 Ha in Baticaloa, 30,000 Ha in
Kilinochchi and 4,500 Ha in Anuradhapura.
e. Apportion greater arrive property for person cultivators
to guarantee adequate pay from sugarcane for their food.
A least holding estimate of 2 ha is proposed for each
family and arrive fracture ought to be precluded.
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sugarcane-based b. Increment the extraordinary product exact (SCL) on brown
items. sugar by Rs. 10/= per kg in arrange to dishearten
importation of brown sugar and keep the SCL on white
sugar less than brown sugar. At that point the entire sum of
SCL on brown sugar will be Rs. 40/= per kg and SCL on
white sugar will be Rs.30/= per kg.
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2.2 Management Law
2.2.1 Legal information about pelwatta sugar company (pvt)ltd
LSCPL (Lanka Sugar Company (Pvt) Ltd) is a wholly owned subsidiary of the Ministry of Plantation
Industries and Export Agriculture.
On November 11th, 2011, the government took over both the Pelwatta and Sevanagala factories by a statute
titled “Revitalization of Under-Performing Enterprises or Underutilized Assets, Act No.43 of 2011”. This
action was based on a report by a cabinet subcommittee tasked with examining the sugar industry's
performance and industrial qualities in terms of economic development at the time. The committee
suggested that the government takeover both the Sevanagala and Pelwatta sugar factories, as well as 34
other institutes, after completing an in-depth examination on their economic value and performance.
In the next year, a competent authority was appointed. However, the contract was extended till August 24,
2012, when Lanka Sugar Company (Pvt.) Ltd (LSCL) was formed.
The enterprise will be self-funded and run profitably, allowing it to save money on foreign exchange
expenditures on imported sugar and ethanol to Sri Lanka.
In 2019, the country's sugar demand is expected to reach 590,171 Mt per year. Based on 2019 data, Sri
Lanka imports 90.65% of its yearly sugar requirement while spending a massive Rs. 33.5 billion on foreign
expenditure.
In 1978, a World Bank-funded research was carried out in Sri Lanka to identify locations ideal for sugar
cane growth in order to minimize the country's reliance on imported sugar. Based on the findings, Booker
Tate PLC (previously Booker Agriculture International Ltd) of the United Kingdom conducted a feasibility
study into the introduction of rain-fed cane growing and the building of a sugar mill at Pelwatte in the
Moneragala District of Sri Lanka's Uva Province. Pelwatte Sugar Company Ltd was established as a state-
owned corporation in 1981, and it was managed by Booker Tate PLC.
Pelwatte Sugar Distilleries (Pvt) Ltd, a subsidiary created in 1997, commenced operations in September,
processing ethanol and bio-compost from molasses, a by-product of the company's sugar producing process.
The Sri Lankan government sold its stake in the company on the Colombo Stock Exchange in 2002. Master
Divers (Private) Limited, a Sri Lankan corporation, bought 53.5 percent of the company for Rs. 300 million.
Pelwatte Dairy Industries (Pvt) Limited, a new subsidiary of the corporation, was established in 2006, with
an investment of Rs. 1.8 billion in a dairy processing facility and an animal feed producing factory in the
Monaragala District.
Master Divers sold around 47 percent of the company's issued capital to Melstacorp, a subsidiary of
Distilleries Company of Sri Lanka PLC, in March 2011. Around 36% of the capital is held by Master Divers
(Private) Limited and linked parties.
Under the contentious legislation known as the "Revitalization of Underperforming Enterprises and
Underutilized Assets Act," the government expropriated full ownership of Pelwatte Sugar and Sevanagala
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Sugar Industries Co Ltd, as well as its subsidiaries, in November 2011. The company was ordered to wind
up by the Commercial High Court of Western Province in March 2013.
The Sri Lankan Distilleries Company maintains that they are the company's legal owners, but they have also
filed an official claim with the Compensation Tribunal for their losses.
Pelwatte Sugar Industries PLC is a Colombo Stock Exchange-listed sugar manufacturing firm in Sri Lanka.
The group's primary sugar factory is located in Buttala, in the Moneragala District of Uva Province, about
225 kilometers (140 miles) east of Colombo. Pelwatte Sugar Company Ltd (Pelwatte Sugar) was founded
on February 19, 1981. On December 10, 1982, it became a Public Limited Liability Company. Pelwatte
Sugar Industries Ltd became the controlling company's name in 1990. In 1984, it was listed on the Colombo
Stock Exchange for the first time.
Pelwatte Sugar (PSIL) produces 450,000 metric tons of sugar (440,000 long tons and 500,000 short tons).
Pelwatte Sugar Distilleries (Private) Ltd, a subsidiary, started processing ethyl alcohol and bio compost
from molasses, a by-product of the sugar producing process, in September 1997. About 1,300 regular
employees and 3100 casual and seasonal employees work for the company. The Company owns and runs a
sugar factory with a crushing capacity of 3,000 metric tons of sugar cane (3,000 long tons; 3,300 short tons).
In the Uva province, it leases a nucleus estate of around 2,000 hectares (4,900 acres), a settler area of 3,000
hectares (7,400 acres), and a big number of growers.
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2.2.2 Board of Directors Responsibility for the Financial Statements
The Board of Directors is responsible for the accurate and timely preparation of these financial statements
in accordance with Sri Lanka Accounting Standards, as well as for any internal control that management
deems necessary to enable the preparation of financial statements free of material misstatements, whether
due to fraud or error.
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major financial statement falsification, whether due to fraud or error. Internal control relevant to the
Company's preparation and fair presentation of the financial statements is considered by the auditor in
making those risk assessments in order to design audit procedures that are appropriate in the circumstances,
but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control. An
audit also includes assessing the suitability of accounting principles and the reasonableness of management's
accounting estimations, as well as assessing the financial statements' overall presentation. I believe the audit
evidence I have collected is sufficient and appropriate to support my audit conclusion.
(ii) 133 Section Despite the fact that the Board of Directors of the
Company is required to call an Annual General
Meeting of Shareholders once a calendar year, not later
than six months after the date of the Company's
Balance Sheet and on a day not later than fifteen
months after the previous Annual General Meeting, the
Company has not held one since 2014.
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(a) Only 36 cases were completed out of a total of 104 events submitted to the Pelwatte Sugar Company's
Investigation Division during the year under review. The Company had not taken the necessary steps to
conclude its investigation, such as hiring enough investigators.
(b) At the time of the examination carried out in the Legal Division, the relevant information or any file on
cases reported until the end of the year under review were not available at the institution, and the
Management had not taken actions to assign the duties properly to the Legal Officer who had been
recruited during the year under review, or to organize the Legal Division properly.
(c) The Sevanagala Sugar Company's Carbon Dioxide Production Project was given over to a private
company in 2014, and the Company gave the land, electricity, water, and other infrastructure facilities
required for this purpose for free. Similarly, without taking into account those factors, the Company had
allowed that Company to sell Carbon Dioxide for less than the market price of Rs. 25, despite the fact
that the Company had allowed a private company to make profits for up to 20 years using the Company's
resources, and the Management had taken no steps to revise those prices and increase the Company's
revenue.
(d) Although a contract worth Rs. 27,067,812 had been awarded for the installation of Wastewater
Treatment Plants in Sevanagala Sugar Company, and it was supposed to be completed by May 2014,
the Company had failed to obtain an Environmental Protection License, which should have been
obtained by the Factory, because the Management had not taken action to complete it by the end of the
year under review.
(e) Even though there was a surplus of 409 liters of Diesel as of 23 January 2018, the Company had not
taken steps to repair the machine or provide a new fuel supply machine when pumping fuel from the
Fuel Dispensing Pump (electric) which was purchased for Rs. 479,808 in the year under review, because
the issue is less than issued at the time of issuing fuel, the Company had not taken steps to repair the
machine or provide a new fuel supply machine.
(f) 22 of the 66 oxygen cylinders in Sevanagala Sugar Company's main warehouse were missing, and the
company had not conducted investigations or attempted to recover the losses from accountable
personnel.
(g) There were more than ten Acetylene cylinders left at Sevanagala Sugar Company's storeroom. These
abnormalities had occurred as a result of the Company's failure to maintain store books, and the
Company had taken no action to address the matter.
(h) Sevanagala Sugar Company suffered a loss of Rs. 78,185 due to weak internal control processes and the
absence of acetylene gas in the 26 acetylene cylinders during the year under review. The Management,
on the other hand, had taken no steps to identify the officials guilty and recoup the money.
(i) According to the Corporate Governance Guide's "Appendix G," the Company Secretary's responsibilities
include documenting the activities of Board of Directors meetings and keeping records. The Company
Secretary, on the other hand, had not been allocated such responsibilities, and these tasks had been
delegated to another official.
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2.3 Labor law
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were represented by Compensation Direction Orders made beneath the Control of Compensation and
Conditions of Business Law, 1961.
A manager may pay a laborer compensation at a rate higher than that endorsed within the Compensation
Arrange and give him with more favorable conditions of business but on no account ought to the diminish a
worker's compensation or modify his conditions of service so as to form them less favorable than what is
stipulated within the Compensation Arrange.
Any manager who falls flat to comply with any of the arrangements of the Compensation Arrange might
commit an offense and might, on conviction, be at risk to detainment for a term not surpassing six months
and to a fine not surpassing two thousand rupees.
"overseer (grade 2)" means a worker responsible for supervising the work of other workers;
"owner" in relation to land, includes a lessee or a beneficial occupier;
"pensioner" means a worker who is in receipt of a pension under the Sugar Industry Pension Fund
Act, the Sugar Industry Retiring Benefits Act or the National Pensions Act;
"regular labor force" has the meaning assigned to it in Part V of the Labor Act;
"special category" in relation to a worker, refers to a worker who does light field work and is
employed in accordance with section 98 of the Act;
“stipulated hours” means the hours specified in paragraphs 1and 1A of the Second Schedule;
(Amended by GN 80 of 2010)
"trade union" means a trade union in respect of which the Registrar of Associations has issued a
certificate stating that the union represents not less than twenty-five per cent of the workers
employed by an employer;
"watchman (grade 1)" means a watchman who is in charge of the offices or the annexes of an
estate;
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"watchman (grade 2)" means a watchman other than a chief watchman or a watchman (grade 1);
"worker"
(a) means a worker employed in the sugar industry;
(b) includes –
(i) a worker previously described or commonly known, in the sugar industry, as -
(A) a field worker;
(B) a watchman;
(C) a night soil worker;
(D) a hospital servant;
(E) an overseer;
(F) a platelayer;
(G) a marqueur; or
(H) a loco-stoker; and
(ii) a worker whose work is allied to or substantially comparable to the work done by a worker
specified in paragraph (b)(i) of this definition; and
(iii) a worker employed by a job contractor; (Act 20 of 2001)
(2) A worker shall be deemed to be employed in the sugar industry if he is employed on an express or
implied contract of service, by or on behalf of a miller or an owner of land, or by a job contractor, to
do any work mainly concerned with - (Act 20 of 2001)
(a) the preparation of land, the growing, harvesting, or processing of canes, the construction, repair or
maintenance of roads, bridges or water works wholly or substantially required for the purposes of
the sugar industry, and any other work incidental to the exploitation of land; or
(b) the transport of canes, sugar, materials or supplies used in connection with any work specified in
paragraph (2) (a).
3. (1) Subject to these regulations and to paragraph 5 of the Second Schedule, every worker shall be:
(a) remunerated at the rates specified in the First Schedule; and
(b) governed by the conditions of employment specified in the Second Schedule.
(2) Where, for more than 6 days, a worker continuously replaces a worker drawing a higher remuneration,
he shall, as from the first day of replacement and for so long as he continues to replace the other
worker, be remunerated at the rate specified for the other worker. (Amended GN 79/87)
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(3) Paragraphs 9 to 11, 13 to 19, 23, 24, 30, 32 and 33 of the Second Schedule shall not apply to a worker
employed by or on behalf of an employer whose total area of land does not, in the aggregate, exceed
25 arpents. (Amended GN 65/86)
(4) Paragraphs 7, 9, 10, 11(3) to (7), 13(2), (3) and (4), 14 to 28 and 30 to 33 of the Second Schedule shall
not apply to a worker employed by a job contractor. (Act 20 of 2001)
(5) Every field worker (female) employed on an 8-hour day and whose former basic wage or salary was
Rs 2929.84 per month or Rs 112.69 per day shall be paid, in lieu of her integrated wage or salary, a
wage or salary of Rs 3061.84 per month or Rs 117.76 per day. (GN 160/2004)
4. Any agreement by a worker to relinquish his eligibility for a paid holiday or to forego a paid holiday shall
be void.
5. (1) Every employer who owns either a sugar factory or more than 100 arpents of land under sugar cane
cultivation shall define clearly in writing the qualifications and duties of all categories of workers in
his employment and shall make such document available to any worker at his request or to any trade
union which has negotiating rights or representational status with him. (Amended Act 36/88)
(2) Where a vacancy occurs other than in the grade of field workers or a new post is created at any level
of the hierarchy in his enterprise, the employer shall advertise such vacancy or new post by a notice
conspicuously displayed outside his main office and sub-offices, if any, and, before having recourse
to external recruitment, consider offering the vacant or new post to his workers in the lower grade.
(Amended Act 36/88)
6. (1) Where an employer who owns either a sugar factory or more than 100 arpents of land under sugar
cane cultivation needs to provide training for the performance of a work in his enterprise, he shall,
when selecting the appropriate person, give consideration in priority to his workers who hold
appropriate qualifications.
(2) Where a worker is selected for training under paragraph (1), he shall be entitled to paid time off
during the training period. (Amended Act 36/88)
7. (1) Nothing in these regulations shall prevent an employer from paying a worker, remuneration at a rate
higher than that specified in the First Schedule or from granting him conditions of employment more
favorable than those specified in the Second Schedule.
(2) Nothing in these regulations shall authorize the employer of a worker in his service at the date of the
commencement of these regulations to reduce the worker's remuneration or to alter his conditions of
employment so as to make them less favorable to the worker.
(3) Where, as at 30 June 1987, a worker was being paid remuneration at a rate higher than that specified
in the First Schedule for his category, the employer shall as from 1 July 1987, pay to the worker an
additional remuneration of 15 per cent of that specified rate. (Amended GN 79/87)
8. Every employer who is a miller or an owner of land shall conspicuously display a copy of these
regulations near the entrance to every office or sub-office of his undertaking or business so that it may be
inspected by every worker.
9. The rates specified in regulation 3(5), the First Schedule and paragraphs 5 and 6 of the Second Schedule
include the appropriate additional remuneration payable under the Additional Remuneration Act.
10. The Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1974 are revoked.
11. These regulations shall be deemed to have come into operation on 1 October 1983.
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2.4.2 Second schedule (regulation 3)
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2.4.2.4 Notional calculation of hourly rates (amended GN 80 of 2010)
For the purpose of calculating remuneration –
(a) for work done in excess of a normal day's work;
(b) for work performed on a public holiday;
(c) for task work;
(d) in respect of deductions for absences;
(e) for workers paid at a daily rate; and
(f) for any other reason,
a month shall be deemed to consist of 22 days during intercrop season and 26 days during crop season and
the basic hourly rate shall be calculated according to the formula –
(i) W/260, in the case of a watchman;
(ii) W/173.33, in the case of any other worker,
wherein "W" means the monthly basic wage of the worker.
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(b) Where canes have not been properly trashed within 3 weeks of cutting and the worker is not required
to carry out light trimming, he shall be paid an allowance to be agreed upon between the worker and
the employer, but which shall not be less than 33% of the allowance payable under sub-paragraph
(a).
(c) Where at the time of cutting, a full trashing is required owing to the condition of the canes, such work
shall be paid for at a rate to be agreed upon between the employer and the worker or, failing such
agreement, at a rate to be fixed by the Minister.
(d) Where canes have to be carried over a distance of more than 15 gaulettes in a field, the relevant rates
for cutting and loading or for cutting or loading done separately shall be increased by Rs 1.23 per
tonne for each additional gaulette or fraction of a gaulette, and such increased rates shall be paid for,
on the total amount of canes cut/ or loaded by the worker in the field.
(e) Where a worker has, during cutting, to move straw from one interline to another, he shall be paid an
additional Rs10.78 per tonne of canes cut.
(f) (i) Where the yield of canes is less than 20 tonnes per arpent, the relevant rates for cutting and
loading shall be increased by not less than Rs12.76 per tonne and the relevant rates for cutting or
loading done separately shall be increased by not less than Rs6.36 per tonne.
(ii) Where the yield of canes is less than 10 tonnes per arpent, the relevant rates for cutting and
loading shall be increased by not less than Rs17.26 per tonne and the relevant rates for cutting or
loading done separately shall be increased by not less than Rs8.26 per tonne.
(g) (i) Where at the point of loading, there is a difference in level, other than a slope of more than 2 feet,
an additional allowance of Rs5.97 per foot per tonne shall be paid for each additional foot or part of
a foot, in excess of the 2 feet.
(ii) The difference in level shall be measured by the perpendicular distance between the level of the
field and that of the road at the point of loading and, where there is no road, by the perpendicular
distance between the level of the field and that of the ground on which the vehicle rests at the time
of loading.
(h) Where the gradient of the slope in a field is steeper than 1 in 3, an additional Rs11.34 per tonne shall
be paid.
( i) Where, in any week, a worker -
(i) attends work on not less than 5 days; and
(ii) earns not less than the minimum basic wage each day, he shall be paid a bonus equivalent
to 5 per cent of his weekly earnings.
(j) Where a worker is required to carry canes for loading across the lines "saute muraille" also known
as "barfe" he shall be paid an allowance of Rs4.56 per tonne in addition to the relevant rates
specified in sub-paragraph (1).
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2.4.2.8 Disturbance allowance
Where a worker is required, at the end of the crop on one estate, to help terminate the crop on another estate,
irrespective of regions, he shall be entitled to a disturbance allowance of—
(a) in the case of a field worker, Rs10 daily;
(b) in the case of an overseer, Rs25 daily. (Amended GN 79/87)
(2) No female worker shall, after she has entered on the seventh month of pregnancy, be required to do any
work other than light field work.
(5) No female worker referred to in regulation 3(5) shall be required to perform any operation comprised in
plantation of canes.
(6) (a) Subject to sub-subparagraph (b), no male worker above the age of 55 years shall be compelled to
carry or load canes.
(b) A male worker above the age of 55 years may be required to carry canes where he is performing the
duties, and is paid at the rate specified in paragraph 5(1)(g), (h) or (i). (Amended GN 65/86)
(7) Where a female worker is required to carry a basket of scum, sand, manure or cane tops, the employer
shall cause a male worker to be present to help her lift the basket.
(8) No female worker above the age of 55 years shall be compelled to carry sand or scum.
(Amended GN 65/86)
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2.4.2.10 Conversion to monthly employment
Every daily worker who has completed 24 months' continuous employment with the same employer in a
grade shall be classified as a monthly worker in that grade and shall be paid accordingly with effect from the
first day of the next ensuing month.
(3) All payments of wages shall be made at the estate office or sub office.
(4) Every worker shall, within 72 hours after every payment receive a pay slip showing -
(a) his name;
(b) his total wages and allowances;
(c) the number of working days; and
(d) the number of days on which he was present at work.
(5) Where a day on which a worker attends work is not a working day, he shall be informed of the fact on
the same day.
(3) (a) Subject to sub-paragraph (4), every overseer who is employed on a monthly basis and is not provided
with housing accommodation by his employer shall be entitled to an allowance of -
(i) Rs65.00, if he is single;
(ii) Rs75.00, if he is married and has no dependent child;
(iii) Rs80.00, if he is married and has up to 2 dependent children;
(iv) Rs85.00, if he is married and has more than 2 dependent children. (Amended GN 79/87)
(b) For the purpose of sub-paragraph (a), "dependent child" means a child or an adopted child under the age
of 18 who is living with and is wholly or substantially maintained by the overseer.
(4) Where the rent paid by an overseer is higher than the allowance he receives under subparagraph (3), he
shall be entitled to an additional allowance representing the difference between the rent paid and the
allowance up to a maximum of -
(i) Rs10.00 if he is single;
(ii) Rs15.00 if he is married.
(5) No overseer shall be required to carry -
(a) water for the workers under his supervision; or
(b) any tool or other material. (Amended GN 79/87)
(6) All stationery, pens or pencils used by an overseer in connection with his work shall be provided by his
employer. (Amended GN 79/87)
(7) Every overseer who is required to go from house to house after working hours in order to inform workers
under his supervision of a change of site of work, shall be entitled to an allowance of Rs25 on each
occasion he performs such extra work. (Amended GN 79/87)
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2.4.2.13 Field workers' allowance
(1) Every field worker (male) who, in the course of a normal day's work, is required to do—
(a) heavy clearing;
(b) holing;
(c) uprooting;
(d) forking;
(e) ploughing while in charge of other workers;
(f) stub (souche) planting;
(g) facing of stones (parmentage);
(h) altering the position of stone walls in accordance with the current practice in the northern regions;
(i) furrowing after subsoiling;
(j) cutting and loading canes for planting;
(k) burying leguminous plants without ploughing;
(l) handling of bagasse cubes;
(m) crow-bar work; or
(n) epierrage,
shall be entitled to an allowance equivalent to not less than 15 per cent of his wages for that day.
(2) Every field worker, (female) who, in the course of a normal day's work, is required to do trashing,
relevage de paille, spreading of fertilizer or any operation comprised in planting including the
application of ash, sand, scum and manure shall be entitled to an allowance equivalent to not less than 15
per cent of her wages for that day.
(3) Every worker who, in the course of a normal day's work is required to spray herbicides or pesticides or to
do stone or concrete breaking, shall be entitled to an allowance equivalent to not less than 20 per cent of
his wages for that day.
(4) Where a worker who is engaged to spray herbicides or pesticides is, owing to climatic conditions,
required to stop such work after 2 hours and perform some other work, he shall be entitled to the
allowance specified in subparagraph (3).
(5) Every male field worker who, in the course of a normal day's work, is required to cut cane tops shall be
entitled to an allowance equivalent to not less than 15 per cent of his wages for that day.
(Amended GN 65/86)
(6) (a) Every field worker who, in the course of a normal day's work, is required to do trashing for
mechanical loading, shall be paid an allowance of Rs5 for that day. (Amended GN 79/87)
(b) In the case of a field worker (female), the allowance specified in subparagraph (6)(a) shall be paid in
addition to the allowance payable under subparagraph (2). (Amended GN 79/87)
(4) Every overseer who has not been issued with a bicycle by his employer shall, in addition to the
allowance payable to him under subparagraph (1), be entitled to an allowance of Rs1.25 in respect of
each day on which he comes to work on a bicycle. (Amended GN 79/87)
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2.4.2.15 End of year bonus
(1) Every worker who has worked for the same employer in a year shall be entitled, at the end of that year to
(a) a bonus equivalent to 18 per cent of his yearly earnings if he has, both during the crop and intercrop
seasons of that year, performed a number of normal days' work which is not less than 62 per cent and
not more than 75 per cent of the number of days of work of the crop and the intercrop seasons taken
together; or
(b) a bonus equivalent to 20 per cent of his yearly earnings if he has, both during the crop and intercrop
seasons of that year, performed a number of normal days' work which is more than 75 per cent but
not more than 85 per cent of the number of days of work of the crop and the intercrop seasons taken
together; or
(c) a bonus equivalent to 22 per cent of his yearly earnings if he has, both during the crop and intercrop
seasons of that year, performed a number of normal days' work which is more than 85 per cent of the
number of days of work of the crop and the intercrop seasons taken together.
(Amended Act 36 of 1988)
(2) Every worker who does not qualify for a bonus under subparagraph (1), shall be entitled to be paid a
bonus equivalent to 8.4 per cent of his yearly earnings.
(3) For the purpose of subparagraph (1) a day on which a worker -
(a) was absent with the employer's authorization,
(b) has reported for work but has not been offered work by his employer, or
(c) has absented himself on grounds of illness or injury after notification to his employer under
paragraph 18 (3),
shall count as a working day.
(1) Every daily worker who reckons a number of working days which is not less than 80 per cent of the
number of working days during which his employer was harvesting his sugar cane crop shall, in the
following year, be eligible for leave on full pay as follows-
(a) 7 working days in January to be determined by the employer; and
(b) every public holiday, other than a Sunday, which occurs while he is in the employment of that
employer and on which he does not work.
(2) Every worker who has been in the continuous employment of the same employer for 12 months shall in
any year be eligible, in addition to the leave specified in subparagraph (1), for leave on full pay on 7
working days at any time in the year, other than the month of January.
(3) A worker shall, except in special circumstances, give not less than 48 hours' notice when applying for
leave and the approval of the leave shall be subject to the requirements of the employer.
(4) Leave shall not be cumulative and shall be taken in the year in which the worker is eligible to it.
(5) Wages in lieu of leave shall be paid at the end of the year if the employer fails to grant any leave applied
for by the worker.
(6) A worker who ceases to be employed after qualifying for leave under subparagraph (1) or (2) and is not
lawfully dismissed for misconduct, shall be entitled to be paid for 7 working days in lieu of his January
leave if he has not already taken it.
(7) Every watchman who works regularly on Sundays shall, in addition to the leave specified in
subparagraph (1) or (2), be entitled to 3 days' paid leave in every month, one of the days being a Sunday.
(8) (a) Where a worker who reckons continuous employment with the same employer for a period of not less
than 10 consecutive years—
(i) retires or is asked to retire on or after the age of 60;
(ii) retires before reaching the age of 60 on the ground of permanent incapacity to perform his work as
certified by a Government Medical Practitioner; or
(iii) retires under paragraph 21,
he shall be entitled to 3 months leave on full pay to be taken before retirement. (Amended GN9/95)
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(b) For the purpose of sub-subparagraph (a), "worker" means a worker who is employed by an employer
who owns either a sugar factory or more than 42.2087 hectares (100 arpents) of land under sugarcane
cultivation. (Amended GN9/95)
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2.4.2.21 Gratuity on retirement
(1) Every employer who owns either a sugar factory or more than 42.2087 hectares (100 arpents) of land
under sugar cane cultivation shall pay a gratuity to or in respect of every worker who has worked for him
for not less than 10 consecutive years if
(a) he retires or is asked to retire on or after the age of 60;
(b) he retires before reaching the age of 60 on the ground of permanent incapacity to perform his work
certified by a Government Medical Practitioner; or
(c) he dies whilst he is on leave prior to retirement under paragraph 15 (8). (Amended GN 9/1995)
(2) (a) The gratuity shall be paid in a lump sum calculated according to the following formula—
(i) 30 (W - 1.23P) where a worker reckons not more than 25 consecutive years of service; or
(ii) N x 0.75 W, where—
(A) a worker joins employment on or after 30 January 1995; or
(B) a worker reckons more than 25 consecutive years of service.
(b) For the purpose of subparagraph (a)—
(i) "W" means either the last monthly wage or, in the case of a worker in a special category, the
highest monthly wage received by the worker during his employment on the estate;
(ii) "P" means the monthly pension to which the worker is entitled on the date the gratuity under
subparagraph (1) becomes payable;
(iii) “N” means the number of years of service. (Amended GN 9/1995)
(3) The monthly pension under subparagraph (2)(b) includes—
(a) any part of the pension which has been commuted to a lump sum;
(b) the monthly pension payable under the Sugar Industry Pension Fund Act or the pension payable
under the Sugar Industry Retiring Benefits Act;
(c) the contributory retirement pension payable under the National Pensions Act; and
(d) the pension value of the lump sum payable to the worker under section 48(2) of the National
Pensions Act.
(4) For the purpose of subparagraph (3)(c), the contributory retirement pension means—
(a) where the worker is aged 60 or over on the date the gratuity under subparagraph (1) is due and -
(i) he has elected to receive the contributory retirement pension, the contributory retirement pension
payable to him at that date; or
(ii) he has not elected to receive the contributory retirement pension, the contributory retirement pension
which would have been payable to him had he elected to receive that pension.
(b) where the worker is under the age of 60 on the date the gratuity under subparagraph (1) is due, the
contributory retirement pension which would have been payable had he –
(i) been able to retire for National Pensions purposes at that date, and
(ii) elected to receive that pension.
(5) Every worker who retires before the age of 60 on the ground of permanent incapacity shall, in addition to
any compensation to which he is entitled in respect of that incapacity under the Workmen's
Compensation Act or under Part V of the National Pensions Act be paid the gratuity under this
paragraph.
(6) A gratuity payable to a worker under this paragraph shall be reduced by the amount of the gratuity
payable to him under the Sugar Industry Retiring Benefits Act.
(7) (a) Where a worker dies, the gratuity shall be paid—
(i) to the surviving spouse; or
(ii) where the deceased leaves no spouse, in equal proportion to his dependents.
(b) For the purpose of this subparagraph—
(i) “spouse” means the person with whom the worker had contracted a civil or religious marriage and with
whom he lived under a common roof at the time of his death;
(ii) “dependent” means the person who was living in the deceased worker’s household and wholly or partly
dependent on his earnings of the time of his death. (Amended GN 9/1995)
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2.4.2.22 Optional retirement (amended by GN 79/87; gn9/95 and act 20/2001)
(1) In this paragraph, "worker" means a worker who is employed by an employer who owns either more
than 100 arpents of land under cane cultivation or a sugar factory.
(2) Every monthly worker who has been in continuous employment with the same employer for a period of
not less than 10 years may retire on or after reaching the age of—
(i) in the case of a female worker, 50 years;
(ii) in the case of a male worker, 55 years; and shall be paid a gratuity.
(3) (a) The gratuity shall be paid in a lump sum calculated according to the formula—
(i) 30 (W — 1.23P), where a worker reckons not more than 25 consecutive years of service; or
(ii) N x 0.75 W, where—
(a) a worker joins employment on or after 30 January 1995; or
(b) a worker reckons more than 25 consecutive years of service.
(b) For the purpose of sub-subparagraph (a) —
(i) "W" means either the last monthly wage or, in the case of a worker in a special category, the
highest monthly wage received by the worker during his employment on the estate;
(ii) "P" means the monthly pension to which the worker is entitled on the date the gratuity under
subparagraph (2) becomes payable.
(iii) “N” means the number of years of service
(4) The monthly pension under subparagraph (3)(b) includes -
(a) any part of the pension which has been commuted to a lump sum;
(b) the monthly pension payable under the Sugar Industry Pension Fund Act or the pension payable
under the Sugar Industry Retiring Benefits Act;
(c) the contributory retirement pension payable under the National Pensions Act; and
(d) the pension value of the lump sum payable to the worker under section 48 (2) of the National
Pensions Act.
(5) The contributory retirement pension referred to in subparagraph (4) (c) shall -
(a) in the case of a female worker aged 55 or over; or
(b) in the case of a male worker aged 58 or over; on the date the gratuity under subparagraph (2) is due,
be deemed to be the contributory retirement pension which would have been payable had the worker
been able to retire under the National Pensions Act on that date.
(6) (a) Where a worker dies while he is on leave prior to retirement under paragraph 15 (8), he shall be
entitled to the gratuity payable under this paragraph.
(b) The gratuity shall be paid—
(i) to the surviving spouse; or
(ii) where the deceased leaves no spouse, in equal proportion to his dependents.
(c) For the purpose of this subparagraph—
(i) “spouse” means the person with whom the worker had contracted a civil or religious marriage
and with whom he lived under a common roof at the time of his death;
(ii) “dependent” means the person who was living in the deceased worker’s household and wholly or
partly dependent on his earnings at the time of his death.
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(3) (a) The gratuity shall be paid -
(i) to the surviving spouse; or
(ii) where the deceased leaves no spouse, in equal proportion to his dependents.
(b) For the purpose of sub-subparagraph (a)—
(i) "spouse" means the person with whom the worker has contracted a civil or religious marriage and
with whom he lived under a common roof at the time of his death;
(ii) "dependent" means the person who was living in the deceased worker's household and wholly or
partly dependent on his earnings at the time of his death.
(4) No gratuity shall be payable where a lump sum or a pension is payable under the Workmen's
Compensation Act or under Part V of the National Pensions Act.
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(2) Every official of a recognized trade union shall, subject to subparagraph (3) have the right to attend at the
place of work of such trade union's members for the purpose of discussing matters relating to their
remuneration or conditions of employment.
(3) Every worker who intends to invite a trade union official under subparagraph (1) or any trade union
official who intends to attend at a place of work under subparagraph (2) shall -
(a) where the place of work is a factory, give previous notification to the factory manager or one of his
assistants; and
(b) in any other case, give previous notification to the estate manager or one of his assistants.
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Leaves for employees
I. Annual leaves
Employee who have worked for the company for more than a year can take 14 leaves a year, but
these 14 leaves very depending on the month the employee joined the company.
II. Casual leaves
You can take seven days off a year for a reasonable reason. Also, if the employee has been with
the company for less than a year, these seven days cannot be taken at once. If you want you can
get a little casual leaves for 2 months.
III. Public holidays
Paid leave is mandatory during these holidays. If a special order comes in and employees have
to work on public holidays, they have to pay twice as much OT in one day.
IV. Poya holiday
Leave with pay even on Poya days
V. Maternity leave
Female employees receive maternity leave. The first and second child will get 84 days of paid
leave and the children after the second child will get 42 days of paid leave.
Minimum wage
10000
+
(2500+1000)
Budgetary allowance
+
Other allowance
=
13500 minimum salary
Time period the employee was hired on their first Number of annual leaves they'll be
year entitled to on their second year
Between January 1 and March 31 14 Days
Between April 1 and June 30 10 Days
Between July 1 and September 30 of the previous year 7 Days
Between October 1 and December 31 4 Days
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How to give break
Every 4 hours
30 minutes’ break
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REFERENCE
http://www.lankasugar.lk/index.php/about-us/corporate-information
http://www.lankasugar.lk/index.php/about-us/our-chairman
https://www.lankasugar.lk/pelwatte/index.php/management-team
https://lankasugar.lk/index.php/9-about-us?start=4
https://m.marketscreener.com/quote/stock/PELWATTE-SUGAR-INDUSTRIES-
20702514/company/
https://www.sundayobserver.lk/2021/02/28/business/lanka-sugar-company-posts-rs-1200-m-
net-profit-2020
https://m.facebook.com/pg/lankasugar/posts/
https://lk.linkedin.com/company/lscl
https://www.emis.com/php/companyprofile/LK/Pelwatte_Sugar_Industries_Plc_en_2313998
.html
https://en.m.wikipedia.org/wiki/Pelwatte_Sugar_Industries
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