Sri Lanka Institute Of Strategic Studies (Amendment)

Link to law: http://www.lawnet.lk/process.php?st=2006Y0V0C32A&hword=%27%27&path=2
Published: 2006

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Sri Lanka Institute of Strategic Studies (Amendment)
Sri Lanka Institute of Strategic Studies (Amendment)




AN ACT TO AMEND THE SRI LANKA INSTITUTE OF STRATEGIC STUDIES ACT, NO. 45 OF 2000








BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-



[26th September

, 2006 ]













Short title.



1. This Act may be cited as the Sri Lanka Institute of Strategic Studies (Amendment) Act, No. 32 of 2006.



Amendment of the Long Title to Act, No. 45 of 2000.



2. The Long Title to the Sri Lanka Institute of Strategic Studies Act, No. 45 of 2000 (hereinafter referred to as "the principal enactment") is hereby amended, by the substitution for the words "the Sri Lanka Institute of Strategic Studies" of the words "the Lakshman Kadirgamar Institute of International Relations and Strategic Studies".











"Sri Lanka Institute of Strategic Studies" to be known as the "Lakshman Kadirgamar Institute of International Relations and Strategic Studies".



3.





(1) In the principal enactment and in any other written law, wherever the words "the Sri Lanka Institute of Strategic Studies" occur, there shall be substituted therefor the words "Lakshman Kadirgamar Institute of International Relations and Strategic Studies".



(2) Every reference to "the Sri Lanka Institute of Strategic Studies" in any written law, notice, notification, contract, communication or other document shall be read and construed as a reference to, "the Lakshman Kadirgamar Institute of International Relations and Strategic Studies".



Replacement of section 3 of the principal enactment.



4. Section 3 of the principal enactment is hereby repealed and the following section substituted therefor :-







"Board of Management of the Institute.



3.





(1) The Institute shall have a Board of Management (hereinafter referred to as "the Board") charged with the administration and management of the affairs of the Institute. The Board shall exercise the powers and discharge the functions of the Institute as specified in the Act.



(2) The Board shall consist of the following persons-





(a) the Minister in charge of the subject of Foreign Affairs, who shall be the Chairman ;



(b) seven persons to be appointed by the Minister in charge of the subject of Foreign Affairs from among persons who have achieved eminence in the areas of defence, diplomacy, international relations, law, national security, economics, environment and agriculture.



(3) The Minister may, in respect of the first Board of Management, appoint a member of the family of the late Lakshman Kadirgamar. The person appointed as a family member shall serve as a life member of the Board.



(4) In making appointments to the Board, the Minister may, where he deems it is expedient to do so, consult the member of the family of late Lakshman Kadirgamar appointed to the Board in terms of subsection (3).



(5) The provisions of the Schedule of this Act shall apply in relation to the appointment and terms of office of members of the Board, the remuneration payable to such members, the meetings of the Board, and the Seal of the Institute.".



Replacement of section 4 of the principal enactment.



5. Section 4 of the principal enactment is hereby repealed and the following section substituted therefor :-







"Functions of the Institute.



4. The Institute shall-





(a) function as a multi-disciplinary research Institute-





(i) dedicated to the study of the strategic interests of Sri Lanka, including in particular, defence, national security, law, economics, cultural relations, agriculture and environment and the study of Sri Lanka’s international relations ; and



(ii) engaged in promoting peace and addressing post conflict issues ;



(b) provide information and data to the Government in relation to issues which may be required as a basis for the formulation and structuring of national policies relating to international relations and strategic studies, including information relating to defence, national security, law, economics, cultural relations, agriculture and environment ;



(c) promote and assist research in strategic studies and international relations in so far as the same are connected to Sri Lanka, and facilitate the training of personnel who undertake such research and studies ;



(d) provide a forum for discussion, analysis and evaluation of research in strategic studies and international relations in so far as the same are connected to Sri Lanka, and facilitate the carrying out of joint studies, seminars and workshops on such subjects both within the region and internationally;



(e) establish a repository of information including a library dedicated to strategic studies and international relations and facilitate the availability of relevant and reliable information in relation thereto ;



(f) publish journals and articles on matters falling within the purview of the Institute ;



(g) maintain relationships and affiliations with individuals, associations, governmental and non-governmental institutions with similar objects in Sri Lanka as well as in other countries ;



(h) conduct training programmes on diplomacy, international relations and any other related area which the Board considers appropriate ;



(i) do such other acts and things as may be necessary in the performance of the functions of the Institute.".



Amendment of section 5 of the principal enactment.



6. Section 5 of the principal enactment is hereby amended by the insertion immediately after paragraph (a) of that section of the following :-





"(aa) to raise or borrow money for the purpose of the Institute on any security or otherwise and to secure or discharge any debt or obligation of the Institute in such manner as may be deemed fit by the Board ;



Replacement of section 6 of the principal enactment.



7. Section 6 of the principal enactment is hereby repealed and the following section substituted therefor :-







"Executive Director.



6.





(1) There shall be an Executive Director of the Institute. The Board shall employ on such terms and conditions as may be determined by the Board, a person possessing the requirements specified in subsection (2), as Executive Director.



(2) The Executive Director shall be a person who has specialised in management and has proven ability in relation to strategic studies and international relations.



(3) Subject to the direction and control of the Board, the Executive Director shall exercise and perform the following powers and functions :-





(a) the management and administration of the Institute ;



(b) the discharge of all aspects of employment of the personnel of the Institute ;



(c) the implementation of the decisions of the Board ;



(d) as directed by the Board, to promote and further the interests of the Institute in Sri Lanka and abroad ;



(e) all such other functions connected to the administration and management of the Institute as may from time to time be assigned by the Board.



(4) The Executive Director shall not be a member of the Board but, may if requested to do so by the Board, be present at any meeting of the Board. The Executive Director shall not be entitled to vote on any matter before the Board.



(5) The Board may delegate any of its powers to the Executive Director or to any committee, and may from time to time revoke any such delegation.".



Amendment of section 9 of the principal enactment.



8. Section 9 of the principal enactment is hereby amended in subsection (2) of that section by the addition immediately after paragraph (c) of that subsection of the following :-





"(d) all such sums of money as may be received as the income derived from the investments made by the Board ;



(e) all such sums of money as may be received as Membership Fees from members ; and



(f) all such sums of money as may be received as the payment for any courses of study conducted by the Institute.".



Insertion of new sections 10A, 10B, 10C, 10D and 10E in the principal enactment.



9. The following new sections are inserted immediately after section 10 of the principal enactment and shall have effect as sections 10A, 10B, 10C, 10D and 10E of that enactment :-







"International Advisory Council.



10A. The Board shall appoint a Council named the "International Relations Advisory Council" (hereinafter referred to as the "Council"), which shall comprise five persons who have achieved international eminence in areas related to defence, diplomacy, international relations, law, national security, economics, agriculture and environment. The Council shall advise the Board on matters pertaining to the Institute either on its own motion or when so requested by the Board.



Appointment of Committees.



10B. The Board may appoint standing committees or ad hoc committees as it may deem necessary for the exercise, performance and discharge of any of the powers, duties or functions of the Board. Such Committees may include persons who are not members of the Board.



Membership of the Institute.



10C.





(1) The Board may from time to time admit as members of the Institute, such persons as the Board considers suitable for admission as members.



(2) The Board shall make rules setting out the criteria for membership, the different classes and categories of members (including Honorary members and Affiliated members), the method and manner of admission of members, the structure of fees to be paid by members, the rights of members including the right to vote, the obligations of members of each class or category and the manner in which persons shall cease to be members of the Institute.



(3) The Board may take such action as the Board may deem appropriate, against a member of the Institute, whom the Board deems to have acted in a manner prejudicial or contrary to the interests of the Institute.



Board to make rules.



10D. The Board may make rules in respect of any or all of the matters specified in the Act. The Board may alter or repeal such rules and may at any time make new, amended or additional rules. The rules shall bind the members of the Institute. Every rule made by the Board shall be published in the Gazette.



Bandaranaike International Diplomatic Training Institute to vest in the Lakshman Kadirgamar Institute of International Relations and Strategic Studies.



10E.





(1) Bandaranaike International Diplomatic Training Institute (BIDTI) shall with effect from the coming into operation of this Act, be vested in the Lakshman Kadirgamar Institute of International Relations and Strategic Studies and shall function as the unit of the Institute responsible for conducting training programmes and other courses of study.



(2) From and after the commencement of this Act-





(i) all such sums of money as is lying to the credit of the Bandaranaike International Diplomatic Training Institute, in any account maintained and operated by such Institute on the date immediately preceding the date of the coming into operation of this Act shall from and after the date of the coming into operation of this Act, be transferred to the Fund of the Institute established by section 9 ;



(ii) such of the officers and servants of the Bandaranaike International Diplomatic Training Institute as are in the employment of the aforesaid Bandaranaike International Diplomatic Training Institute on the date immediately preceding the date of the coming into operation of this Act, as may be required by the Institute, shall, from and after the date of the coming into operation of this Act be deemed to be officers and servants of the Institute, on terms which are not less favourable to those presently being enjoyed by them.".



Insertion of new section 16A in the principal enactment.



10. The following new section is hereby inserted immediately after section 16 of the principal enactment and shall have effect as section 16A of that enactment :-







"Exemption of the Institute from payment of duties & c,.



16A. The Minster shall with the concurrence of the Minister in charge of the subject of Finance, in order to facilitate the study and research in areas related to strategic studies and international relations, exempt the institute from the payment of any duties, levies and of any tax on the income or profits of the Institute to such extent as is permitted in terms of the Inland Revenue Act, No. 10 of 2006, or in terms of any other written law for the time being in force governing the imposition of such duty, levy or tax as the case may be.".



General amendment to the principal enactment.



11. In the principal enactment, wherever the words "the President" and "Director-General" occur, there shall be substituted for the words "the President", the words "the Minister in charge of the subject of Foreign Affairs" and for the words "Director-General", the words "Executive Director", respectively.



Amendment of the Schedule to the principal enactment.



12. The Schedule to the principal enactment is hereby amended as follows :-





(1) by the repeal of paragraph (a) of Item 1 of that Schedule ; and



(2) in Items 5 and 6 of that Schedule by the substitution for the words "subsection (2) of section 3" of the words "paragraph (b) of subsection (2) of section 3.".



Savings.



13. For the avoidance of doubts it is hereby declared that the "Lakshman Kadirgamar Institute of International Relations and Strategic Studies" established by this Act, shall for all purposes be deemed to be the successor to the "Sri Lanka Institute of Strategic Studies" established by section 2 of the principal enactment.



Members of the Board holding office on the day preceding the date of commencement of this Act, to cease to hold such office.



14. Every person appointed a member of the Board under section 3 of the principal enactment and holding office as a member of the Board on the day immediately preceding the date of the coming into operation of this Act, shall notwithstanding anything in the principal enactment, cease to hold office on the date of commencement of this Act.



Sinhala text to prevail in case of inconsistency.



15. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.