National Institute of Plantation Management (Amendment) Act (No. 5 of 1987)

National Institute of Plantation Management (Amendment) Act, No. 5 of 1987 [Certified on 30th January, 19871 L. D.-O. 18/83. AN ACT TO AMEND THX NATIONAL INSTITUTE OF F'LANTATION MANAGEMENT ACT, No. 45 OF 1979 BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-1. This Act may be cited as the National Institute Of Plantation Management (Amendment) Act, No. 5 of 1987. 2. Section 3 of the National Institute of Plantation Management Act, No. 45 of 1979 (hereinafter referred to as the “principal enactment”) is hereby amended in sub-section (1) of that section by the addition at the end of naragraph (f) , of the following paragraphs : -“ (g) to ,offer training in plantation management to persons who have the necessary aptitude for plantation management having regard to the man-power requirement in the plantation indus-try; (f7) to furnish managerial, technical and administrative advice and services to any Government depart-ment, public corporation or other institution within or ‘outside Sri Lanka in respect of plan-tation industry. “. 3. Section 4 of the pr,incipal enactment is hereby amended by the addition at the end of paragraph (i) thereef, of the following paragraphs :-“ (j) assess the eligibility of candidates for admission to various grades of membership and to conduct or provide for the conduct of the qualifying exami-nation for all grades or membership of the Insti-We and to promote, provide or approve courses of stady for such examination ; (k) ensure the maintenance of high standards in the professional activities and the general conduct of its members.“. 4. Section 6 of the principal enactment is hereby amended in subsection (1) thereof, by the substitution for sub-paragraph (i) of paragraph (c) of that subsection, of the following sub-paragraph : Short title. Amendmeq t of section 3 of Act %945 Of . Amendmect of section 4 of the principal enactment. Amendment of section 6 of the principal enactment. “ (i) three members nominated by the Minister in charge of the subject of Plantation Industries ; ))..2 National Institute of Plantation Management (Amendment) Act, No. 5 of 1987 Insertion cjt new Part to tie principal enactment. 5. The following new Part is hereby inserted imme-diately after Part I and shall have effect as Part 1~ of the principal enactment : -QUALIFICATIONS FOR EJSROLMENT, PROVISIONS AS TO DISENROLMENT, USE OF TITLES, &c. General riisqualifi- cations. 15~. (1) No person shall be enrolled as a member of ithe Institute under section 4,-( u) if he has not attained the age of eighteen years ; (b) if he has been adjudged by a compe-tent court to be of unsound mind ; (c) if having been adjudged an insolvent or bankrupt, he has not been granted by a competent court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or partly from unavoidable losses or misfortunes ; Id) if he has been convicted by a compe-tent court, whether in Sri Lanka or outside Sri Lanka, of any offence involving moral turpitude and punishable with imprisonment for a term not less than six months. (2) The Board shall disenrol any person who is a member of the Institute, if he becomes subject to any disqualification mentioned in paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) of this section : Provided, however, that such disenrol-ment shall not prevent the Board from sub-sequently re-enrolling such person if satis-fied that he is fit to be a member. ~o~;;$mtnt 15~. (1) The Board may disenrol any -fessional individual who is a member of the Institute, misconduct. as a member, if satisfied that he is unfit to be a member by reason that he has been guilty of professional miscondudt,.National Institute of Plantation Management (Amendment) Act, No. 5 of 1987 3 (2) The disenrolment of any member under subsection (1) shall not prevent the Board from subsequently re-enrolling that member, if satisfnzd that he is fit Q practise the profession of a member. (3) For the purpose of this Act-( a) conviction by a competent court whether in or outside Sri Lanka for any offence involving moral turpi-tude punishable with imprisonment ; (b) gross negligence in the performance or professional work ; (c) making a declaration, statement or return to‘ the Board knowing it to be f&3; (cl) discrediting or attempting to dis-credit the reputation of the Insti-tute, shall be deemed to be professional miscon-duct. Tn uiries b y lsci- 8. 15~. (1) The Board shall not, under Kz-ittee. ;. section 15B disenrol any member unless a Disciplinary Committee has, after inquiry made a repent to the Council that the member has been guilty of professional misconduct. (2) Where the Board has reasonable cause to believe, whether upon complaint made to it or otherwise, that any member of the Xnsti”rute has been guilty of professional misconduct, the Board may appoint a Disci-plinary Gommittee for the purpose of holding an inquiry into the conduct of that member. (3) The provisions of lthe Schedule to this Act shall apply in relation to the constitution of and the procedure to be followed by Dis-ciplinary Committees appointed under this ’ section, the proceedings at, inquiries held by such Committees and the powers exercisable by such Committees. 3-A092371 (86/09).4 Nat%waul Institute of Plantation Management (Amendment) Act, No. 5 qf 1987 Suspension in lieu of disenrolment. Appeal to the court of Appeal from decisions of the Eoard under section 15B or Se&ion 15D. Restridtion astouseof titles conferred under this Act. Offences. 6. Section 30 of the principal enactment is hereby repealed and the following section substituted therefor :-‘ 6 Power to 30: (1) The Institute may make rules in make rules. respect of all or any matters for which rules ‘, are authorized or required by this Act to be made. 1;~ : 15~. In any case where the Board is by section 158 empowered to disenrol any member from membership of the Institute the Board Iqay, in lieu of exercising that power, suspend that member from member-ship for such period as the Board may deem fit. 15~. Any person aggrieved by a decision of the Board under section 15~ or section 15D may appeal against that decision to the Court, of Appeal within one month of such decision being communicated to him. 15~. No person, shall take or use the titl* “student member of the National Institute of Plantation Management “, “ hsociate member of the National Institute of Plantation Management “, “ Fellow Member of the National Institute of Plantation Management “, unless he has been enrolled as such by the Institute. 15~. Every person who neglects or fails to comply with the provisions of section 15~ of this Act shall be guilty of an offence and on conviction after trial before a Magistrate be liable to imprisonment of either description for a period not exceeding six months or to a fine not exceeding one thousand five hun-dred rupees or to both +ch imprisonment and fine. ‘. merit of section 30 of the principal enactment../ National ktitute of Plantatioh Management 5 (Amendment) Act, No. 5 of 1987 (2) Wilthout prejudice to the generality of the powers of subsection (1)) the Board may make rules in respect of all or any of the following matters : -( a) qualifications for admission to various grades of membership ; (b) the time and manner of the payment of enrolment and renewal fees for different grades of membership, the termination of membership updn failure to pay renewal fees and the conditions of restoration to member-ship in such cases ; (c) the fees to be paid to the Board by students admitted to the qualifying examinations for courses of instruc-tions provided by the Board and the engagement and remuneration of lecturers and examiners ; (d) the grant of assistance whether financial or otherwise to student members. (3) A rule made by the Institute under this section shall not have effect until it is approved by the Minister and is published in the Gazette. “. %3EDULE Rules as to Inquiries by Disciplinary Committees 1. For the purposes of any inquiry to be held under this Act, the Board shall appoint, by drawing lots, three persons from among its members to constitute a Disciplinary Committee, and shall appoint one of them to be Chairman of the Committee. 2 (1) The Board shall cause a, statement k be prepared set-ting out the charges to be investigated by the Disciplinary Com-mittee, and the Secretary of the Board shall transmit a copy of the statement to bath member of the Committee and to the person whose conduct is the subject of the investigation. (2) where the inquiry is to be held in consequence of a petition or complaint alleging misconduct by any person, the Secretary of the Board shall in addition transmit a copy o/f that petition or complaint as the case may be to that person and to each of the members of the Disciplinary Committee..6 National Institute of Plantation Management (Amendment) Act, No. 5 of 1987 3 (1) The Secretary of the Board shall give notice of the first date fixed for the inquiry to the person whose conduct is the subject of the investigation. Every such not&e shall, at least fourteen days before the date fixed for the inquiry, be delivered by hand at, or sent through the ppst by registered letter addressed to, the last known place of residence of that person. (2) Where any person to whom a notice has been given under paragraph (1) fails to appear in person or through his represen-tative, the inquiry may be held by the Disciplinary Committee in his absence. (3) Notice of any date to which the inquiry may be adjourned shall be given by the Committee personally to the person whose conduct is the subject df inquiry or be given in the manner pro-vided in paragraph (1). 4. (1) If the Board is of the opinion that the evidence of any person or the production by any person of any document, is neces-sary to enable any matter to be investigated by a Disciplinary Committee, the Board shall direct the Secretary of the Board to require the attendance of that person or the production by that person of such document, at such time and place as may be speci-fied in a notke which shall be delivered by hand or sent through the post by registered letter addressed to the last known place of residence of that person. (2) The Secretary for the time being of the Board shall be the Secretary of every Disciplinary Committee and every notice issued under these rules shall be signed by him. (3) A Disciplinary Committee shall have power to administer oath or affirmation to all persons who are required to give evidence before such Committee. (4) Any person whose conduct is the subject of investigation at an inquiry or who is in any way concerned in such inquiry may be represented by an Attorney-at-Law at such inquiry. (5) The Board may authorize any Attorney-at-Law to assist the Disciplinary Committee as to the leading and taking otf evi-dence. (6) Every-inquiry held by a Disciplinary Committee shall, un-less the Board otherwise determine in any case, be held in camera, (7) Any question before a Disciplinary Committee shall be determined by the decision of the majority of the members of that Committee. (8) Upon the conclusion of the inquiry, the Disciplinary Com-mittee shall prepare and transmit to the Board a report embodying the findings on the matters in respect of which the inquiry was held.