International Irrigation Management Institute Act No. 6 of 1985

I:ntema.tionaJ. Irrigation MOllllcfemetlt Institute Act. No. 6 0/19.85" [Certified on 9th January, 1985] L,D.~. i9/M. ' . ' , f • .. ', -1 " . Ax AC'f ,TO BSTABLJSH THB hmmNATIOHAL IuIGATJOH .MuAGIVaT ..l!fsTl'tU'rB AND roR .1rL\'l"l'IRS C01fN1lC'tliD TIDRBWlTB OR INCIDRNTAL 1'HiliIiO. WHEREAS the Government of Sri Lanka and the Ford Foundation acting on behalf of the International Irrigation ~gen1e~tInstitute Support Group entered into an.~ ~en~ for the establishment of the International Irrigation M.~nagement Institute : AND whereas it is necessary and expedient to make lep lative provisions to enable such Institute to effectively operate within Sri Lanka in accordance with the Charter of the Institute which has been ratified by the GovemmfM' of Sri I.anka : BE it therefore enacted by the Parliament of:the Democratic Socialist Republic of Sri Lanka as follows : 1. This Act may be cited as the International Irrigation Management Institute Act, No.6 of 1985, and shall come ~~ operation on such date as may be appointed by the Minister in charge of the subject of Lands and Land Deve lopment by Order published in the Gazette. PART I EsTABIJSHMENT OF THE hmmNATIONAL I1utIGATION 'MANAGDRNT IHsT11'u'til Z. There shall be established in accordance with the provisions of this Act an Institute which shall be called the II International Irrigation Management Institute" (herein ~ referred to as the" Institute ") which shall operate as ~ autonomous organization, Internatoinal in character, 3. The Institute shall, by the name assigned to it by . .$#1#011 4. be a body corporate having perpetual succession, . .,~ . :' .~ a common seal and may sue and be sued in its corporate name. . t. (1) The headquarters and the principal oftice of the Ibatltute shall be at Digane in Sri Lanka or at such other place in Sri Lanka as may be mutually agreed upon by the Government and the Institute. (2) The Institute may, with the concurrence of the Government established such other offices, agencies and I8ld operation stations at such places in Sri Lanka, as it ma1 from time to time consider necessary. 1..-.A08020t-8,715 (84/11) Preamble Shorttitle and date of operation. EstabUah meD.totthe International Irrigation 'MaUqeDleDt Institute. .' Institutet be.~ corporate. Headquarters princiPal omce, agen.. des, om.:es &c.~the Institute. Dutiesmd !iODSt enstitute. 2 lMernGtioniU Irrigation Management Institute Act, No.6 0/1985 (3) The Institute may establish branch offices, agencies, co-operative centres andfield operation stations in suchother countries as it may from time to time determine, having regard to the extent to which such offices, agencies, centres or stations would contribute to the attainment of the objects of the Institute. 5. The objects for which the Institute is established shall primarily be directed towards the improvement of the management and performance of irrigation systems and in particular to develop methods, devices, procedures, practices and operational approaches to (a) optimize the effectiveness of water use for agricul tJ,tral production; \ .... (b) ensure dependability and equity in the distribution of the benefits of irrigation; (c) evaluate and improve the management and perfor mance of irrigation systems ; (d) protect, maintain and improve the quality of irriga tion soil and the environment in areas affected by irrigation systems, as well as the health, and the general welfare and quality of life in rural agricul tural communities; and (e) improve the reliability of water supply, thus reducing the risks to investments in yield-increasing inputs, and to share and disseminate information thereon among potential user groups, orgainzations and other bodies and persons concerned with irrigation. 6. The Institute shall perform and discharge all or any of the following duties and functions as may reasonably be considered necessary to carry out its objects: (a) the study and evaluation of irrigation systems and all phases of their operation and management inclu ding design, .construction, operation, regulation of water flow and distribution, water pricing and policies, and affects on the soil, the environment and the health and general welfare of the people concerned; (b) the development of improved methods of study, analysis and evaluation of the management and performance of irrigation systems, including their efficiency, dependability and equity of distribution; If1fterncitional Irrigotion MoltlZgement Instihlte 3 ·Act, No.6 of 1985 (c) the diagnosis and correction of the deficiencies in irrigation system and in the effectiveness of water use, including the relieving of constraints to the optimization of water use and the provision of incentives for improved management and opera tion; (d) devising interventions in irrigation systems for the purpose of remedying deficiencies therein or of relieving constraints to the optimization of water use, and the monitoring and evaluation of the effects of such intervention; (e) the study, analysis and evaluation of the effects of such intervention on the soil, the environment and the health and general welfare of the people con cerned; (f) the collection, analysis, publication and dissemination of the results of such studies and activities; (g) the maintenance of a data bank relating to the studies and activities of the Institute, and the establishment and operation of an information centre, library and data bank providing information regarding irriga tion systems generally and all other matters rele vant to the objectives and activities of the Institute; (Jr) the training of persons who are or will be engaged in any aspect of the study, evaluation, analysis, design construction, development or operation of irrigation systems or in any research, education, information or action programme relating thereto; (i) the organization and conduct of conferences, seminars, fora, consultations, workshops and meetings for persons engaged in work connected with or relevant to the objectives and activities of the Institute, for the planning and evaluation of the activities of the Institute and for the exchange of information rele vant to the work of the Institute; (j) the strengthening, modification or improvement of institutional or other arrangements for the optimum utilisation and application of the work of the Insti tute by countries, organizations, co-operating cen tres, and other institutions and bodies, and the pro vision of information and advice by the Institute to countries, organizations, co-operating centres, and other institutions and bodies ; and " PoWers of the Institute. IntenaotiOhGI ·lnigtrtion ~mi4gement·l~ Ad, s« 6 'Of 1985 (k) such other activities as the Institute may censida: n~sary or useful for or conducive to the attain :·ment of its objectives. 7. The Institute shall have all such powers as may be necessary for the attainment of its objectives, and in parti cular may-. (a) acquire, obtain. or receive from any government, international organization, or any agency, instru mentality or political sub-division thereof, or from any person, body of persons, corporation or other legal entity (whether by way of grant, gift, pur chase, exchange, lease, devise, bequest or otherwise, and whether absolutely or in trust) such charters, franchises, licences, privileges, concessions, assis tance, funds, and such property, immovable or movable or rights therein, and such other rights and assets as may be necessary or useful for or condu cive to the attainment of the objectives of the Insti tute ; (b) acquire, hold, own, use, operate, lease or otherwise. dispose of both immovable and movable property, funds, rights and assets of the Institute ; (c) invest the funds of the Institute, operate bank accounts, borrow money, obtain credit, issue eviden ces of indebtedness, and mortgage, pledge or grant rights in any property, rights or assets of the Insti tute as security for the debts and obligations of the Institute ; (d) construct, purchase, install and obtain all such 'buil dings, structures, plant, machinery, equipment and facilities as may be necessary or useful for or con ducive to the attainment 'of the objectives of the Institute ; (e) appoint, employ, remunerate, dismiss and exercise disciplinary control over such officers, consultants, servants and agents as may be necessary or \!Seful for or conducive to the attainment of the objectives of the Institute ; (f) enter into, perform and carry out; either directly or through an officer or agent authorized in that behalf by' the Institute, all such contracts and agreements as may be necessary or useful for or conducive to the attainment of the objectives of the Institute ; Int.~i:onal. I"iga~ MG~·lutitute i . Act, No.6 oJl9B5 .. (9) provide funds supplies and services in support of the activities and programmes of the institutions, agen cies and centre co-operating with the Institute; (h) etsablish and develop relationships and arrangements for collaboration and co-operation with organisa tions, institutions and agencies both in 'host coun tries and elsewhere, for purposes necessary or use ful for or conducive to the attainment of the objec tives of the Institute; !fand (i) do and perform all such other acts and things as are useful for or incidental or conducive to the attain ment of the objectives of the Institute. PART II ORGANIZATION AND MANAGDON'l' OF THE INSTITUTE 8. The Institute shall have a Board of Governors (here inafter referred to as " the Board ") consisting of not less than twelve and not more than twenty members of whom (a) at least one shall be appointed by the Government of Sri Lanka who shall be a person having professional qualifications, experience or interest in irrigation engineering, irrigation agriculture and management science; and (b) one shall be the person for the time being holding office as the Director-General of the Institute who shall be an ex officio member. , ' : ' 1" 11' The Boardot Governors of the InStItute. 9. The First Board of Governors (hereinafter referred The :fif:~t.. I " " to as the II the First -Board ") shall consist of- =~ziJt.: (a) one member appointed by the Government of Sri Insti0ft~~:';I'I:;I ;:.~/,~ "u"e ·· ·· · -. Lanka ; • (b) the Director-General of the Institute appointed under: section 22, who shall b~ es officio member; and . (c) such other members as may be appointed by the International Irrigation Management Institute Support Group, of whom- . (i) one third shall be appointed to hold office for ::t. period of two years ; (ii) one third shall be appointed to hold office for a period of three years ; and (iii) one third shall be 'appointed to hold office foT. a period of four years. Appointment ofmembera bytbe Board. Appointment of additional members. Number of members. ~tion ofmembers •p~lntedby theBoard. Term of 08iceof member. 6 I.,gemational lnigation Management Institute Act, No.6 of '1986 10. Upon the expiration of the terms of office of any member appointed by the International Irrigation Manage ment Institute Support Group, the Board may, subject to section 12 r-e-appoint such member or may appoint another person as ~ member of the Board. 11. The Board may at any time, subject to section 12 appoint any person to be an additional member of the Board: . Provided, that the total number of the mmebers shall not at any time exceed the maximum number specified under section 8. 12. The Board shall, in appointing members of the Board under sections 10 and 11 ensure that (i) not less than two and not more than three members are appointed from among persons nominated by host countries; (ii) four members among persons nominated or approved by two thirds of the members of the International Irrigation Management Institute Support Group; and (iii) not less than five members appointed from among persons having professional qualifications, experi ence or interest in irrigation engineering and operation, irrigated agriculture, management and Social Science and other relevant fields. 13. Any member appointed by the Board may at any time resign his office by letter addressed to the Board. 14. (1) Every member appointed by the Board unless he vacates office by death or resignation shall hold omce for a term of three years, and shall be eligible for re-appoint ment. In the event of the number of members of the Board being increased or decreased at any time, the Board shall make an appropriate change in the term of office of any new member in order to ensure, as far as practicable, that one third of the members appointed by the Board will retire annually. (2) The member appointed by the Government of Sri Lanka shall hold office for such period as may be determined by the Government of Sri Lanka, and may be re-appointed or removed at any time by the Government of Sri Lanka. International IrrigaticmM4ftClgement·l~titute ,7 " .~Ct, ..No, 6~of 1.985 (3) The Director-General shah hold office as & member of the Board only so- long as he holds the pest of DirectpJ General.·- . 15. (1) The Government of Sri Lanka may at any time A1tenla~ appoint an alternate member in respect of the member member appointed by the Government of Sri Lanka. ,(2) The Board may at any time appoint. an alternate , -member in respect of any member appointed·,by the Board. (3) An alternate member may be present, participate and vote at meetings of the Board only in the absence of the principal member. 16. In the event of the vacation of office by a member appointed by the Board, by reason of death or resignation, the Board shall appoint another person to hold office for the unexpired period of the term of office of such member. Pending such appointment, the alternate member, if any of such member, shah function as a member of the Board. 17. (1) The Board shall from time to time elect one of its' members, other than the Director-General, to be its Chairman, for such period as it may determine. (2) The Chairman, or ifhe is not present another member ", elected by the Board, shall preside at every m~ting of the Board. (3) The Chairman, or such other member shall not be entitled to vote, except in the case of an equality of votes. Death or resignation ota rnember appointed by theBoard Chairman of the Board. 18. (1) The 'Board shall meet at least once in every Meetings oithe calendar year. Board. (2) The meetings of the Board shall be held, at the head , quarters of the Institute, unless the Board shall otherwise expresslydetermine. '(3) Subject to the provisions of this Act all decisions of the Board, whether at a meeting or under the procedure, ; '. determined by rules made by the Board shall be by a simple I ···""1 .. {,. maJority. Jt-A 989294 (MIll) Acts or proceedings of the Board deemed not to be Ulvalld by reason of any'Vae811cy or defect-in the appoint ment of a member. Powers, duties and functions of the Institute to be vested in the Board. Delegation of powers duties and :functions hY the tloard. Powers, duties and functions of the Board. 8 . -Ift¢em4tional IrrigtitionManugement · InstitUte Act, ;NO.·::6~of '1185 ·19. The Board shall have power to act notwithstanding any vacancy in its membership and any act or proceeding of the Board shall not be, or'deemed to be, invalid by reason only of any such vacancy or anydefect in the appointment. of a member. H. ,An '·the powers, duties and- functions of )the Institute ~ shall be vested in the ,J3oard. ,21. The Board may 'de1ep te to the Chairman, the Director-Generai-or the ~ees referred to in section 24 such of its powers; duties and 'functions -as it may deem necessary, and subject to such terms and conditions as it shall specify, other than the powers, duties and functions specified in sections 10 and 22. Notwithstanding any such delegation, the Board may itself exercise, perform and discharge any such power, duty or.function, and may at any time revoke any such delegation. 22. In addition to the powers, duties and functions vested in the Board under section 20 of this Act, the Board shall exercise, perform and discharge the following powers; duties and functions (i) the-formulation of the policies of the Institute; ..... (ii) the approval of the major programmes of the Institute ; (iii) the review and evaluation of the progress'of the Institute ; (iv) the approval of the budget and the review of the financial condition of the Institute ; (v) the appointment; remuneration, dismissal and disci plinary control of the Director-General and the senior staff and consultants of the Institute ; (vi) the , approval and review of personnel and staffing policies, including the terms and conditions of service of employees, of the Institute ; IflIternational Irrigation Management Institute 9 Ac~ No. 6 011985 (vii) the raising of funds for the administration and operations of the Institute; (viii) the formulation of administrative and procedural rules relating to the administration and operations of the Institute, and meetings of the Board including the quorum therefor; and (ix) the determination of the remuneration of the members of the Board. 23. (1) The Director-General appointed by the Board shall be the chief executive officer of the Institute and shall be responsible to the Board for the administration of the Institute, the operation of its programmes and the implementation of decisions of the Board. (2) The Director-General shall exercise; perform and discharge such powers, duties and functions as may be delegated to him, in accordance with the terms and conditions specified by the Board. (3) The Director-General shall advise and make recom mendations to the Board in respect of the exercise, performance and discharge of its powers, duties and functions, except in relating to himself. (4) If the Director-General vacates his office, by reason of death, resignation, dismissal or otherwise or if the Director-General is unable, by reason of illness, absence, suspension from office or any other cause, to exercise, perform and discharge the powers, duties and functions of his office, the Board shall appoint an acting Director General to exercise, perform and discharge the powers, duties and functions of his office, pending the appointment of a new Director-General, or the resumption of omce by the Director-General, as the case may be. Pending the appointment of an acting Director-General, the person, if any , holding the post of Deputy Director-General, shall act in the office of Director-General. 24. The Board may appoint such other standing committees or adhcc committees as it may deem necessary for the exercise, performance and discharge of the powers, duties and functions. Such Committees may include' persons who are not members of the Board. Director Generales the Institute.. Power 01. Board to appoint standing committees oradhoc committees. Fund of the Institute. 10 ItJltemational .1rrigcltioR Jfcmagemnt lnatittae Aetl No. 6 of 1985. 2&. The seal .oi .the IDstitlite (a) shall be in the custody of the Chairman of the Board; (b) shall be of such design as shall be approved by the Board and may be altered in such manner as may be determined by the Board ; and (c) shall not be affixed to any document except with the sanction of the Board or in accordance with such rules as may be determined by the Board. 26. (1) The Institute, the Board and omcers and staff of the Institute shall not interfere in the political &airs of the host or any country by attempting to influence legislation, participating in any political campaign on behalf of any candidate or in any other form of political activity and shall exercise, perform and discharge their powers, duties and functions impartially, Without being iniiuenced in any way by the political character of the host country or countries concerned. (2) The officers and staff of the Institute, in the exercise, performance, and discharge of their powers, duties and functions, shall be responsible solely to the Institute. PART III FINANCE 27. (1) The Institute shall have and maintain its own Fund. (2) There shall be paid into the Fund of the Institute (i) all such sums of money as may be provided by the International Irrigation Management Institute Support Group or the members thereof; (ii) all such sums of money as may be received by the Institute in the exercise, performance and dis charge of its powers, duties and functions ; and (iii) all such sums of money as may be received by the Institu~ by way of income, loans, grants, gifts or from the sale of any of its rights and assets. I~ti0fU11 IrripatiOnManGg.etnat ItUtitute 11 Act,,·No.6 of 1985 (3) There shall be paid out of the Fund of the Institute, in accordance with such rules as may be made from time to time by the Board, all such sums of money as are required to defray any expenses incurred by the Institute in the exercise, performance, and discharge of its powers, duties and functions. (4) The funds of the Institute may be held in such currencIes and in such countries, as the Board may from time to time determine. 29. The financial year of the Institute shall be the FiBancla1 calendar year. year. 29. (1) The Board shall cause proper books of accounts Audit of to be kept of the income and expenditure, assets and accoUnt&. liabilities, and all other transactions of the Institute. (2) The accounts of the Institute shall be audited by an independent certified or chartered public accountant appointed by the Board. (3) The Board shall determine the remuneration of such auditors. 30, (1) The Institute shall publish an annual report Publications containing an audited statement of its accounts. k. . (2) The Institute may also publish such other reports relating to its activities and programmes as it may consider desirable. . 31. The Institute shall present to the members of the International Irrigation Management Institute Support Group every year, for their consideration, a budget for che .following year. 32. The Government may provide for the use of the Institute such land,· buildings and other facilities as may be deemed necessary. 33. The Government shall take all such steps as are necessary to ensure that ~a) the Institute ; {b) the Director-General, consultants and officers and servants of the Institute. Budgetof the Institute. Government to make available premises for use of the Institute. Rights, pnvilege.s, immunities and exemp tion of the Institute. Lbnitatloa ofliabUlw .tm~. 'Windingup ofthe affairsot "the IDstitute. 12 International I~ation MONHgement Institute Act; No. 601l1985 are accorded subject to the provisions of the Constitution all such rights, privileges and immunities as the Govern ment has agreed to, accord to such Institute, the Director-General, consultants and officers and servants of the Institute, by the Memorandum of Agreement between the Government of the Democratic Socialist Republic of Sri Lanka and the Ford Foundation, acting on behalf of the International Irrigation Management Institute Support Group, for the establishment of an International Institute for Research and Training in Irrigation Management, signed on 1st September, 1983. 34. No member of the International Irrigation Manage ment Institute Support Group or of .the Board shall be liable, by reason only of such membership, for the debts and obligations of the Institute. 35. (1) (a) The Board of Governors may by a resolution passed by a vote of not less than three-fourths of the whole number of members, including those not present, at a meeting of which not less than eight weeks notice has been given setting out in full the text of the proposed resolution, decide to terminate the operations and activities of the Institute on the ground that the objectives of the Institue have been attained to a satisfactory degree or that the Institute is no longer able to function effectively. (b) Upon such a resolution being passed (i) the Institute shall forthwith cease all Ita activities and operations, except as necessary for or inci dental to the orderly winding up of its affairs, the preservation and realisation of assets and the settlement of its obligations, and (ii) the lands and buildings provided by the Govern ment of Sri Lanka (or any dther host country) as well as any permanent capital improvements thereto and all rights and interests thereto and therein shall revel'Tt to the Government of Sri Lanka, (or such other host country) subject to the occupation and use by the Institute for the period necessary for the orderly winding up of its affairs. (Section 36) I~l Irrigation Mcmc&gement Institute 13 Act No. 6·of 1915 (c) Upon the completion of the winding up of the affairs of the InStitute, all the assets of the Institute (other than those referred to in sub-paragraph (ii) of the preceeding paragraph) or the proceeds of sale thereof, shall by a~ lution of the Board of Governors be disposed of exclusively to or for the benefit of an organization or organizations organized and operated exclusively for charitable purposes. (2) Whether upon the winding up of the affairs of the Institute or otherwise, no part of the assets, income, profltrt or net earnings of the Institute shall ensure to the benefit of any officer, employee, agent or lttustee of the Institute, members of the Board or any other person, except as reasonable compensation or remuneration paid for services rendered to the Institute in relation fo its objectives or activities. 36. In this Act, unless the context otherwise requires c, charitable purposes" means purposes beneficial to mankind, connected with the advancement of education or knowledge, or the relief of poverty ; "host country" means Sri Lanka and, any other country in which the Institute has established its head quarters and principal office, a branch or a co-operating centre; and " International Irrigation Management Instifute Support Group "means the International Irrigation Management Institute Support Group established by aid of the countries and organizations specified in the Schedule hereto, which met in Paris on 24th May to 27th May, 1963. SCHEDULE Initial Membership (Provisional) INTERNATIONAL IRRIGATION MANAGEMENT INSTITUTE SUPPORT GROUP 1. Contributors in funds or in kind-multilaterally, bilaterally I)f nationally. Aga Khan Foundation Asian Development Bank Australia France Ford Foundation lFAD In~ taU.. 14 InteNWItional Irrigation Management Institute Act, No•.6 of 1985 Netherlands Rockfeller Brotbert Fund RocldeUer Foundation Vni~ ~KinldoDi. UNDP : uSA ' J. World Bank IJ)RG.~ 2. Contributors as participating nations, either headquarters or puVcipating units. India- I Pakistan PhilIppines Sri LaDka~ 3. Observers FAa. Funds Custodian The World Bank. : ~ Im~ AI'RCV The Ford l'outlda~OD. . !, \