National Institute Of Plantation Management (Amendment)

Link to law: http://www.lawnet.lk/process.php?st=2003Y0V0C38A&hword=%27%27&path=2
Published: 2003

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National Institute Of Plantation Management (Amendment)
National Institute Of Plantation Management (Amendment)




AN ACT TO AMEND THE NATIONAL INSTITUTE OF PLANTATION MANAGEMENT ACT, No. 45 OF 1979








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



[14th November

, 2003 ]













Short title.



1. This Act may be cited as the National Institute of Plantation Management (Amendment) Act, No. 38 of 2003.



Amendment of section 4 of Act No. 45 of 1979.



2. Section 4 of the National Institute of Plantation Management Act No. 45 of 1979. (hereinafter referred to as the principal enactment) as amended by Act No.5 of 1987 is further amended as follows:-





(i) by the deletion in paragraph (h), of the word "and"; and



(ii) by the insertion immediately after paragraph (k) of the following new paragraphs :-





"(l) promote investment in plantation management;



(m) undertake the collection and dissemination of data relating to plantations and plantation management, and to conduct research to ascertain the development potential of plantations ; and



(n) advise the Minister on appropriate policies relating to plantation management and to co-ordinate with other relevant agencies".



Amendment of section 6 of the principal enactment.



3. Section 6 of the principal enactment as amended by Act. No. 76 of 1981 and Act. No. 5 of 1987 is hereby further amended as follows :-





(1) by the repeal of subsection (1) thereof and the substitution therefor of the following new-subsection :-





"(1) the Institute shall have a Board of Governors (hereinafter referred to as the '"Board") consisting of -





(a) the following ex-officio members, namely-





(i) the person holding office for the time being as the Director of the National Institute of Plantation Management appointed under section 16 of this Act;



(ii) the person holding office for the time being as the Director of the Tea Research institute established by Act No 52 of 1993 ;



(iii) the person holding office for the time being as the Director of the Rubber Research Institute; and



(iv) the person holding office for the time being as the Director of the Coconut Research Institute ;



(b) the following nominated members appointed by the Minister, namely :-





(i) a representative of the Tea Small Holdings Development Authority established by the Tea Small Holdings Development Authority Law , No. 35 of 1975, nominated by such Authority ;



(ii) a representative of the Planters' Association of Ceylon established by the Planters' Association of Ceylon Ordinance (Chapter 291). nominated by such Association in consultation with the Tea Association of Sri Lanka (TASL) ;



(iii) two representatives of the Ministry of the Minister in charge of the subject of Plantation Industries, nominated by that Minister ;



(iv) two members representing Trade Unions, which shall be selected on such criteria as may be determined by the Minister in charge of the subject of Plantation Industries ;



For the purposes of this sub-paragraph "Trade Union" shall have the same meaning as in the Trade Unions Ordinance (Chapter 138);



(v) a representative of the Ministry of the Minister in charge of the subject of Finance, nominated by the Minister ;



(vi) one member, nominated by the Federation of Tea Small Holdings Development Societies in consultation with the Tea Association of Sri Lanka (TASL);



(vii) one member nominated by the Private Tea Factory Owners' Association, in consultation with the Tea Association of Sri Lanka (TASL);



(viii) a representative of the Tea small Societies, registered under the Thurusaviya Fund Act , No. 23 of 2000, nominated by such societies ;



(ix) a representative of the Coconut Growers Association nominated by such Association."';



(2) by the repeal of subsection (2) of that section, and the substitution therefor of the following subsection :"





"(2)





(a) The Minister shall appoint a Chairman from among the appointed members of the Board.



(b) The Chairman may resign from the office of Chairman by letter in that behalf addressed to the Minister.



(c) The Minister may, for reasons assigned, remove the Chairman from the office of Chairman.



(d) Subject to the provisions of paragraphs (b) and (c), the term of office of the Chairman shall be his period of membership of the Board.",



(3) in paragraph (a) of subsection (4) of that section, by the substitution for the words and figure "under paragraph (c) of subsection (1)". of the words and figure "under paragraph (b) of subsection (1)"; and



(4) in subsection (5) of that section, by the substitution for the words and figure "under paragraph (b) of subsection (1)", of the words and figure "'under paragraph (a) of subsection (1)".



Amendment of section 7 of principal enactment



4. Section 7 of the principal enactment is hereby the amended in subsection (1) of that section, by the substitution for the words and figures "paragraph (c) of subsection (I) of section 6", of the words and figures "paragraph (b) of subsection (1) of section 6".



Amendment of section 8 of the principal enactment



5. Section 8 of the principal enactment is hereby amended by the repeal of subsection (1) thereof and the substitution therefor of the following subsection :"





"(1) The Minister may, if he considers it expedient to do so remove by Order published in the Gazette, any member of the Board appointed under paragraph (b) of subsection (1) of section 6, for reasons assigned :



Provided however a member appointed under sub-paragraph (iv) of paragraph (b), may be removed only with the concurrence of the Minister in charge of the subject of Finance.".



Insertion of new section 30A of the principal enactment.



6. The following new section is hereby inserted immediately after section 30 of the principal enactment and shall have effect as section 30A of that enactment :"







"Regulations.



30A.





(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of the Act.



(2) Every regulation made by the Minister under subsection (1) shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such regulation.



(3) Every regulation made by the Minister under subsection (1), shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any such regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done there under. Notification of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette.".



Transitional Provisions.



7. The members of the Board of Governors holding office on the day immediately preceding the date of commencement of this Act shall continue to hold office until such time the Board of Governors is reconstituted under section 6 of the principal enactment as amended by this Act.



Sinhala text to prevail in case of inconsistency.



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