OCCUPATIONAL SAFETY AND HEALTH COUNCIL ORDINANCE

OCCUPATIONAL SAFETY AND HEALTH COUNCIL ORDINANCE

LAWS OF HONG KONG

OCCUPATIONAL SAFETY AND

HEALTH COUNCIL ORDINANCE

CHAPTER 398





CHAPTER 398.

OCCUPATIONAL SAFETY AND HEALTH
COUNCIL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ..........................3
2. Interpretation .......................3

PART II

ESTABLISHMENT OF THE OCCUPATIONAL SAFETY AND
HEALTH COUNCIL

3........................................Establishment of the Council 4
4........................................Purposes of the Council 5
5........................................General powers ofthe Council . 5

PART III

FINANCIAL

6. Resources of the Council ..............5
7. Borrowing powers ......................6

8. Use of surplus funds ..... .............
.............................6

9. Estimates .............................6
10........................................Accounts and statements 6

11......................Auditor ................. 7
12......................Annual report ....C 7

PART IV

LEVY AND FINANCIAL
CONTRIBUTION

13...................Imposition of levy ........ .............................
7

14......................insurer to receive levy and remit to Council ........
.........................................7
is......................Insurer to keep records and submit reports ..........
.........................................8

16.......................................Liability of exempt employers for contribution 9

17....................Request for information 9

18...................Government payments .......
10

19....................Surcharge for non-payment of levy etc. .
10

20. Recovery of levy, contribution, etc .







21. Refund of levy to employer ......................................
11





Section Page
PART V

OBJECTIONS AND APPEALS

22. Objections ..........................11

23. Appeals ......................................................................................................................
12

PART VI

MISCELLANEOUS

24..........Offences .............................................................. 12

25.......................................Evidence by certificate 13

26...................Governor may give directions .......................................................... 13

27.......................................Service by post 13
28.......................................Financial Secretary may charge fees 13
29.......................................Regulations 13
30.......................................Protection of members of Council 13

Schedule. Provisions with respect to the Council and Members thereof 14





CHAPTER 398

OCCUPATIONAL SAFETY AND HEALTH COUNCIL

To establish the Occupational Safety and Health Council as body corporate for the
fostering of safer and healthier working conditions in Hong Kong, and to
provide for the payment of a levy by employers, and for matters incidental
thereto.

[Parts I to III : 22 August 1988 L.N. 233/88
Parts IV and V:1 January 1989
Part VI22 August 19881L.N. 233188

Originally 73 of 1988 -

PART I

PRELIMINARY

Short title

1. This Ordinance may be cited as the Occupational Safety and Health Council
Ordinance.

Interpretation

2. In this Ordinance, unless the context otherwise requires

'Chairman' means the Chairman of the Council appointed under section 3(2)(a) or
any other person when acting as Chairman;

'contribution' means the contribution assessed under section 16;

'Council' means the Occupational Safety and Health Council established under
section 3;

'Executive Director' means the person who holds the office of Executive Director
under paragraph 3(1) of the Schedule;

'financial year' means the period fixed as the financial year of the Council under
section 9(1);

'insurance policy' means an employees' compensation insurance policy issued for
the purposes of Part IV of the Employees' Compensation Ordinance
(Cap. 282);

'insurer' means a person issuing an employees' compensation insurance policy
for the purpose of the Employees' Compensation Ordinance;

'levy' means the Occupational Safety a and Health Council levy imposed under
section 13;





'member' means a member of the Council referred to in section 3(2) and any person
when acting as a member;

'penalty' means the penalty payable under section 19(3);

'premium' means the premium payable to an insurer before deducting commissions
of agents or brokers but after deducting any discount specified in an insurance
policy or any refund of premium made in respect of any termination or
reduction of risks;

under section 19(1).

surcharge' means the surcharge imposed under

PART II

ESTABLISHMENT OF THE OCCUPATIONAL SAFETY AND HEALTH COUNCIL

Establishment of the Council

3. (1) There shall be established a body corporate, to be called the
Occupational Safety and Health Council, which shall have such powers and duties
as are conferred and imposed on it by, or by virtue of, this Ordinance.

(2) The Council shall consist of-

(a)a Chairman who shall be appointed by the Governor for a term not
exceeding 3 years;

(b)a Vice-Chairman who shall be appointed by the Governor for a term not
exceeding 3 years;

(c)not less than 10 nor more than 14 other members not being public officers
who, in the opinion of the Governor, represent employers, employees,
professional and academic interests and who shall be appointed by the
Governor for a term not exceeding 3 years;

(d)not more than 5 other members being public officers each of whom shall
be appointed by the Governor and hold office at the pleasure of the
Governor,

and the members of the Council shall be the governing body thereof and shall
comprise its managing board with authority, in the name of the Council, to exercise
and perform the powers and duties conferred and imposed on the Council by, or by
virtue of, this Ordinance.

(3) The Schedule shall have effect as respects the Council and the members
thereof.

(4) The Governor may by order amend the Schedule.

(5) For the removal of doubt it is declared that, save insofar as is inconsistent
with the provisions of this Ordinance, Part VII of the Interpretation and General
Clauses Ordinance (Cap. 1) shall apply in relation to the Council and appointments
thereto.





Purposes of the Council

4. The purposes of the Council are-

(a) to foster greater awareness among the community;

(b) to promote the application of modern technology;

(e) to promote education and training;

(d) to disseminate technical knowledge;

(e) to develop strategies and formulate programmes;

(f) to provide consultancy services; and

(g)to encourage and facilitate co-operation and communication between the
Government, employers, employees and relevant professional and
academic bodies,

in furtherance of the encouragement and promotion of higher standards of
safety and health for people at work.

General powers of the Council

5. (1) The Council may do such things as are expedient for or conducive to the
attainment of the purposes declared in or permitted or assigned under section 4 or
which in the opinion of the Council are necessary to facilitate the proper carrying
out of the purposes of the Council.

(2) Without restricting the generality of subsection (1) the Council may-

(a)take on lease,. purchase, or otherwise acquire and hold, manage and
enjoy property of any description, and sell, let or otherwise dispose of the
same;

(b)conduct and commission research into any matter relating to its
purposes;

(c)charge fees for the use of any facility or service provided by the Council;

(d)appoint such employees as it may determine on such terms and
conditions as the Council thinks fit including the payment of allowances,
benefits and remuneration;

(e)make or provide ex gratia payment s to any employee, or to the personal
representative of a deceased employee or to any other person who was
dependent on such employee at his death;

exercise any of its powers either alone or in association with any other
person or persons.

PART III

FINANCIAL

Resources of the Council
6. (1) The resources of the Council shall consist of-





(a)all amounts of levy, contribution, surcharge and penalty received by the
Council;

(b)all monies, including grants, loans, funds, donations, fees, rent, interest,
proceeds from the sale of publications of the Council or property held by
or on behalf of the Council and accumulations of income, lawfully
received by the Council for or in connection with the carrying out of its
purposes; and

(c) all property and assets lawfully acquired by the Council.

(2) All money paid to or received by the Council shall be deposited with any
bank nominated by the Council as the Financial Secretary may approve.

Borrowing powers

7. (1) The Council may, subject to the approval of the Financial Secretary,
borrow by way of overdraft, mortgage or otherwise, such sums as it may require for
meeting its obligations or discharging its functions under this Ordinance.

(2) A person lending money to the Council shall not be concerned to inquire
whether the borrowing of the money is legal or regular or whether the money raised
has been properly applied and shall not be prejudiced by any illegality or
irregularity or by misapplication or non-application of the money.

Use of surplus funds

8. All money of the Council that is not immediately required shall be invested
on deposit in any bank nominated by the Council and approved by the Financial
Secretary, either generally or in any particular case, for the purpose or in such other
forms of investment as the Financial Secretary may approve.

Estimates

9. (1) The Council shall fix a period to be the financial year of the Council.

(2) The Council shall in each financial year adopt estimates of income and
expenditure for the ensuing financial year and, before a date to be appointed by the
Governor, send them to the Governor for his approval together with a programme of
its activities for the ensuing financial year.

(3) The Governor may require the resubmission of a programme or estimates,
modified as he may direct.

Accounts and statements

10. The Council shall keep proper accounts and proper records in relation to
the accounts and shall cause to be prepared for each financial year statements of
the accounts of the Council which shall

(a) include an income and expenditure account and balance sheet; and

(b) be signed by the Chairman.





Auditor

11. (1) The Council shall appoint an auditor, who shall be entitled at any time

(a)to have access to all books of account, vouchers and other records of the
Council; and

(b) to require such information and explanation, as he considers necessary to
discharge his function.

(2) The auditor shall, as soon as is practicable and in any case not later than 4
months after the close of each financial year, audit the accounts required by
section 10 and shall submit a report on the accounts to the Council.

Annual report

12. The Council shall, not later than 9 months, or such longer time as the
Governor may determine, after the close of each financial year submit-

(a) a report on the activities and affairs of the Council for that year;

(b) a copy of its statements of the accounts therefor; and

(c) the auditor's report on the accounts, to the Governor who shall cause the
same to be laid on the table of the Legislative Council.

PART IV

FINANCIAL CONTRIBUTION

Imposition of levy

13. (1) A levy, to be known as the Occupational Safety and alth Council levy,
shall be payable on every premium payable by a em 1 r on an insurance policy.

(2) The Governor in Council may by order prescribe rate of the levy.

(3) Subject to subsection (4), the rate of levy cribed under subsection (2) shall
come into effect 60 days after the p cation of the order in the Gazette.

(4) The rate of levy first prescribed subsection (2) after the coming
into operation of this1 come into effect 30 days after the
publication of the order in the Gazette.


Insurer to receive levy and remit to Council

14. (1) ere a levy is payable on a premium by an employer under
section 13 the employer shall pay the levy to the insurer or its agent at the time
of paying the premium and the insurer or its agent, as may be appropriate, shall
receive the levy.





(2) Where an employer pays to the agent of an insurer an amount of premium
together with the levy payable thereon at the prescribed rate, he insurer shall be
deemed to have received the levy and shall deal with it according to subsection (3).

(3) Subject to subsection (4), an insurer who has received any le or who is
deemed under subsection (2) to have received any levy shall, not later than 2 months
after the end of each quarterly period of the financial year, r it to the Council all the
levy received or deemed to be received during th quarterly period.

(4) Where any levy has been received by an insurer or is eemed under
subsection (2) to have been received by the insurer and is remitte to the Council
pursuant to subsection (3), the insurer may deduct a handling charge to be
calculated as prescribed by the Financial Secretary from time to time.

(5) An insurer or its agent who, without reasonable xcuse, contravenes
subsection (1) commits an offence and is liable to a fine of 10,000.

(6) An insurer who, without reasonable excuse, ontravenes subsection (3)
commits an offence and is liable to a fine of $10,00 20 times the amount of levy that
was not remitted to the Council. whichev the greater.

Insurer to keep records and submit reports

15. (1) Every insurer-

(a) shall keep and maintain in respect o any insurance policy issued by it
a record of-

(i) the number identifying the olicy;
(ii) the name, address andiness of the employer;
(iii) the amount of premiu
(iv) each amount of premiand the date of its receipt;
(v) each amount of levy r ceived and the date of its receipt;

(b)shall submit to the Coun not later than 2 months after the end of each
quarterly period of he financial year a report containing such information
relating to he levy in such form as may be prescribed; and

(c)shall submit to the ouncil, not later than 3 months after the end of each
financial year a statement, in such form and certified in such manner as
may b prescribed, of the amounts of premium and levy
received during t e financial year.

(2) Any insurer o contravenes subsection (1)(a) commits an offence and is
liable to a fine o $10,000.

(3) Any insu who, without reasonable excuse, contravenes subsection (1)(b)
or (c) co its an offence and is liable to a fine of $30.000 and an additional fine of
$3,000 for each day during which the offence is continued.





Liability of exempt employers for contribution

16, (1) The Council may impose a contribution on an employer of persons in
any employment which has been exempted from the application of Part IV of the
Employees' Compensation Ordinance (Cap. 282) under section 39(3) thereof in such
amount as the Council may assess.

(2) In assessing the amount of contribution, if any, to be paid by an employer
the Council shall have regard to

(a)the premium that would, but for section 39(3) of the Employees'
Compensation Ordinance, be payable by the employer for an insurance
policy in respect of his employees, and the. rate of levy applicable thereto; and


(b)the likely ability of the employees to benefit from the activities of the
Council.

(3) Where the Council has assessed the amount of contribution to be paid by
an employer it may by notice in writing require the employer to pay the amount of
contribution so assessed.

(4) A contribution assessed by the Council under subsection (1) shall be paid
by the employer to the Council within 2 months of the notice being served.

(5) Where the Council has imposed a contribution on an employer, it shall, if
requested by the employer, within 14 days after the receipt of the request, provide
the employer with written reasons for its assessment of that amount.

Request for information

17. (1) The Council may by notice in writing require any em oy provide, either
by statutory declaration or in other form, information specified
in the notice relating to the amount of premium and the amount of lev paid or
payable to an insurer in connection with an insurance policy.

(2) Any person who, without reasonable- excuse, fails t omply with a notice
under subsection (1) within 14 days after the notice is served commits an offence and
is liable to a fine of $5,000 and an addition- ne of $500 for each day during which
the offence has continued.

(3) The Council may, by notice in writin require an insurer to make available at
its place of business, to a person signated for the purpose of this subsection in
writing by the Council, the cords specified in section 15(1)(a), and the insurer shall
permit any person designated to inspect those records at any reasonable time.

(4) Any insurer who con venes subsection (3) commits an offence and is liable
to a fine of $10,000.

(5) The Council mayy, by notice in writing, require an insurer to furnish to the
Council, in suc] anner (including furnishing by statutory declaration) as shall be
specified i the notice, such information relating to an insurance policy issued by the
surer as shall be so specified.





(6) Any person who, without reasonable excuse, fails to comply notice under
subsection (5) within the period of 14 days after the notice i served commits an
offence and is liable to a fine of $10,000 and an additional fine of $1,000 for each day
during which the offence has continued

(7) Save as provided in subsection (8), a person designed for the purpose
of subsection (3) shall not disclose to any other person, member of
the Council or another person so designated and acting in the course of
his duties, any information acquired in inspe ing records pursuant to
subsection (3).

(8) Subsection (7) shall not apply to c disclosure of information

(a) where ordered by a court or magistrate

(b) with a view to the inst' tion of, or otherwise for the purposes of, any
criminal proceeings, whether under this Ordinance or otherwise; or
(c) in connection with any other legal proceedings arising out of this Ordinance

(9) Any person who contravenes subsection (7) commits an offence and is
liable to a fine of $20,000.

Government payments

18. (1) The Government shall each year make payments to the Council out of
moneys appropriated for that purpose by the Legislative Council.

(2) The amount of the Government's payment shall bear the same
relation to the total amount of levy and contribution received or receivable by
the Council as the number of its employees bears to the total number of
employees in Hong Kong as estimated from time to time by the Commissioner
for Census and Statistics.

Surcharge for non-payment of levy, etc.

19. (1) If an employer fails without reasonable excuse

(a) to pay a levy at the time required by section 14; or

(b) to pay the contribution within the time required by section 16,

the Council may impose on the employer a surcharge not exceeding 10 per cent of
the value of the levy or the contribution, as the case may be.

(2) The Council shall by notice in writing notify the employer of any
surcharge imposed under subsection (1), and the surcharge shall thereupon be
payable by the employer.

(3) If the surcharge or any part of the levy or contribution in respect of which the
surcharge was imposed is not paid to the Council within 28 days of the notice being
served the employer shall be liable to pay in addition a penalty of 5 per cent of the
amount unpaid.





Recovery of levy, contribution, etc.

20. (1) Any amount of levy contribution, surcharge or penalty due and payable
under this Ordinance shall be recoverable as a civil debt due to the Council.

(2) An action under subsection (1) may be brought in the District Court
notwithstanding that the amount claimed exceeds the limit in that respect provided
in the District Court Ordinance (Cap. 336).

Refund of levy to employer

21. Where the Council is satisfied that-

(a)an employer has received and was c titled to receive from an insurer a
refund of an amount of premium in respect of which the employer has
already paid the appropriate amount of levy; or

(b)an amount of premium that was estimated for the purpose of an
assessment of contribution under section 16 should be reduced,

it may if requested by the employer refund to the employer an appropriate amount
of levy

PART V

OBJECTIONS AND APPEALS

Objections

22. (1) Any employer who is required to pay any surcharge under section 19(1)
or who is required to pay any contribution under section 16(1) may, by notice in
writing served on the Council within 21 days after the surcharge or contribution
becomes payable or within such further time as the Council may allow, object to the
surcharge or contribution.

(2) A notice of objection under subsection (1) shall state the grounds of
objection and shall be accompanied by all written statements and other
documentary evidence relied upon by the objector in support of the objection.

(3) Subject to subsection (4), an objection under subsection (1) shall be
considered by the Council, which may uphold, cancel or reduce the surcharge or
contribution.

(4) An objection shall not be considered unless the objector has paid the
amount of the surcharge or contribution which is the subject matter of the objection

(5) The Council shall by notice in writing notify the objector of the decision
under subsection (3) and of the reason for arriving at that decision within 28 days
after the receipt by the Council of the notice of objection under subsection (1), or
such further time as the Council may with the consent of the Secretary for
Education and Manpower determine, and, if a surcharge or contribution is cancelled
or reduced, shall, within 14 days after the decision under subsection (3) is made,
repay the amount of surcharge or contribution cancelled or reduced to the objector.





Appeals

23. (1) An objector who is aggrieved by a decision notified to him under
section 22(5) may appeal to the District Court against that decision.

(2) An appeal under subsection (1) shall be lodged within 30 days of the notice
under section 22(5) being served.

(3) On hearing any appeal under this section the District Court may-

(a) uphold, cancel or reduce the surcharge or contribution;

(b)if it cancels or reduces a surcharge or contribution, order the repayment of
the amount of surcharge or contribution cancelled or reduced, with
interest from the date of payment to the Council at such rate as the court
may determine or without interest; and

(c)make such order as it thinks fit. as to the payment of the costs of the
hearing.

(4) The Chief Justice may make rules of court for the purposes of this section.

PART VI

MISCELLANEOUS

Offences

24. (1) Any person who is knowingly concerned in, or in the taking of steps
with a view to, the fraudulent evasion of the payment of a levy or a contribution,
whether due from him or from any other person, commits an offence and is liable on
conviction to a fine of 10,000 or 20 times the amount of Levy or contribution that
was or was intended to be evaded by his conduct, whichever is the greater.

(2) Any person who-

(a) knowingly lodges, produces, supplies or sends for the purposes of this
Ordinance or otherwise makes use for those purposes of any
declaration or other document, or record, which false in a material
particular;

(b) in keeping or maintaining any record for the purposes of this
Ordinance knowingly makes an entry which is false in a material
particular; or

(c)in providing any information for the purposes of this Ordinance, makes
any statement which he knows to be false in a material particular or
recklessly makes a statement which is false in a material particular,

commits an offence and is liable to a fine of $10,000 or., where such conduct resulted
in or was intended by the person result in the non payment or non remittance of any amount of levy,
20 times such such amount of levy, whichever is
the greater.





Evidence by certificate

25. A certificate purporting to be signed by the Chairman or any member
authorized by the Council-

(a) that any information required to be submitted ed under section 1 (1)(b)
has or has not been submitted or has or as ot been submitted at any date;

(b)that any notice required by or under this Ordinance has or has not been
given or has or has not been given at any date; or

(c)that any amount of levy, contribution, surcharge or penalty due under
this Ordinance has not been paid,

shall be sufficient evidence of that fact until the contrary is proved.

Governor may give directions

26. (1) The Governor may give to the Council such directions as he thinks fit in
relation to the performance of its functions or the exercise of its powers and the
Council shall comply with those directions.

(2) No such direction shall be inconsistent with any provision of this
Ordinance.

Service by post

27. Any document required to be served under this Ordinance may. be served
by post.

Financial Secretary may charge fees

28. The Financial Secretary may charge fees for any service provided to 'the
Council by the Government.

Regulations

29. (1) The Governor in Council may by regulation provide-

(a) for records to be kept by employers and insurers

(b) for information to be supplied by employers and insurers;

(c) for any matter or any form which is to be or may be prescribed. and

(d)generally, for the better carrying out of the provisions and purposes of
this Ordinance.

(2) Regulations under this section may provide that a contravention of any
specified provision of any such regulation shall be an offence and may provide
penalties therefor not exceeding a fine of $10,000.

Protection of members of Council

30. (1) No member of the Council or of any committee of the Council and no
employee of the Council shall br personally liable for any act done or default made





(a) by the Council; or

(b) by any committee of the Council

acting in good faith in the course of the operation of the Council or of the committee.

(2) The protection hereby conferred on members of the Council or of a
committee of the Council and employees of the Council in respect of any act or
default shall not affect any liability of th Council for that act or default.

SCHEDULE [s. 3]

PROVISIONS WITH RESPECT TO THE COUNCIL AND MEMBERS THEREOF

1. The Council shall have a common seal.

2. The Council shall not be regarded as a servant or agent of the Crown or as enjoying any
status, immunity or privilege of the Crown.

3. (1) The Council shall appoint an Executive Director and shall determine the terms and
conditions of his appointment; but shall obtain the approval of the Governor to any proposed
appointment and to the suspension and dismissal of the person appointed.

(2) The Executive Director shall perform, on behalf of the Council, such functions as the
Council may assign to him.

(3) The Executive Director shall not without the permission of the Chairman take part in
any deliberation of the Council which concerns the terms of his own appointment, suspension or
dismissal and shall not vote on any question concerning these matters.

4. (1) Subject to sub-paragraph (3), a member of the Council shall hold and vacate his office
in accordance with the terms of his appointment and shall, on ceasing to be a member, be
eligible for re-appointment.

(2) Any member other than a member appointed under section 3(2)(d) may at any time-

(a) resign his office by notice in writing to the Governor; or

(b)be removed from office by the Governor for permanent incapacity or other sufficient
cause,

and upon such resignation or removal the term for which he was appointed shall be deemed to
have expired.

(3) Where any member appointed under section 3(2)(a), (b) or (c) is precluded by
temporary incapacity or other cause from exercising his functions as a member for any period,
the Governor may appoint another person to act in place of that member during that period.

(4) Where any question arises under sub-paragraph (2) or (3) as to whether any incapacity
or cause exists or whether any incapacity is temporary or permanent or any cause sufficient, the
decision of the Governor shall be final.

5. If the Governor is satisfied that a member of the Council appointed under section
3(2)(c)-

(a)has been absent from more than 3 consecutive meetings of the Council without the
permission of the Council; or

(b) has become bankrupt or made an arrangement with his creditors; or

(c) is incapacitated by physical or mental illness; or

(d)is otherwise unable or unfit to discharge the functions of a member, the Governor may
declare his office as a member of the Council to be vacant, and shall notify the fact in
such manner as the Governor thinks fit; and upon such declaration the office shall
vacant.

6. The quorum of the Council shall be 10 and, while a member is disqualified from taking
part in a decision or deliberation of the Council in respect of a rriatter, he shall be disregarded
for the purpose of constituting a quorum of the Council for deciding, or deliberating on, that
matter.

7. Subject to the foregoing provisions of this Schedule, the Council shall have power to,
regulate its own procedure including the manner in which decisions of the Council may be made
by a quorum of its members otherwise than at a meeting of the Council.





8. The Council may transact any of its business by circulation of papersamongst members
whether any such member is in or outside Hong Kong, and a resolution in writing which is
approved in writing by a majority of the members shall be as valid and effectual as if it had been
passed at a meeting of the Council.

9. (1) The Council may create, and appoint the members of, such committees for the
better carrying out of the purposes and powers of the Council as it thinks fit.

(2) Persons who are not members of the Council are eligible for appointment to
committees.

(3) The chairman of a committee created under sub-paragraph (1) shall be appointed by the
Council and the number of members of a committee shall be determined by the Council.

(4) Subject to the terms of any delegation by the Council or to any directions of the
Council, a committee

(a)may exercise and perform the delegated powers and functions with the same effect as if
it were the Council itself.,

(b)shall be presumed to be acting in accordance with the terms of the delegation in the
absence of proof to the contrary;

(c) may regulate its own procedure.

(5) The proceedings of any committee created under sub-paragraph (1) shall not be
invalidated by any defect in the appointment of any member thereof, the absence of any such
member from the meeting at which any such proceeding occurred or any vacancy amongst such
members.

10. (1) Subject to sub-paragraph (2), the Council may, with or without restrictions or
conditions as it thinks fit, delegate in writing any of its powers to any committee created under
paragraph 9(1).

(2) The Council shall not delegate the power-

(a) to create any committee;

(b) to appoint the Executive Director;

(c) to determine matters relating to the remuneration and terms and conditions of
appointment or employment of the Executive Director or, of the staff of the Council;

(d)to establish, manage and control, or enter into an arrangement for the establishment,
management and control of any fund or scheme for the purpose of providing for the
pensions, gratuities, benefits and payments to the staff of the Council; or

(e)to furnish after the expiry of the financial year, a report on the affairs of the Council
for that year, a copy of its accounts therefor and the auditor's report on the accounts.

11. A certificate signed by the Executive Director that an instrument of the Council
purporting to be made or issued by or on behalf of the Council was so made or issued shall be
conclusive evidence of that fact.

12. Every document purporting to be an instrument made or issued by or on behalf of the
Council and to be duly executed under the seal of the Council or to be signed or executed by the
Executive Director or a person authorized by the Council to act in that behalf, shall be received
in evidence and deemed, without further proof, to he so made or issued unless the contrary is
shown.

13. The Council may engage the services of technical and professional advisers as it thinks
fit, and may determine all matters relating to their remuneration and terms and conditions of
engagement.
L.N. 233/88 L.N. 233/88 [s. 3]

L.N. 233/88 L.N. 233/88 [s. 3]

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