Rubber Research (Amendment) Act No. 39 of 1987

Rubber Research (Amendment) Act, No. 39 of 1987 [Certified on 23rd October, 1987) L.D.-0. 13/f/'/ AN ACT TO AMEND THE RUBBER RESEARCH ORDINANCE BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : 1 . This Act may be cited as the Rubber Research Short (Amendment) Act, No. 39 of 1987. title. 2. Section 3 of the Rubber Research Ordinance (herein- Replacement after referred to as the " principal enactment ") is hereby of sfecCtihon 3 o ap repealed and the following section substituted therefor : , ter 43% '' Constitution and procee­ ding§, · of the board. 3. (1) The board shall consist of the follo­ wing members : (a) the person for the time being holding office as the Secretary to the Minis­ try of the Minister in charge of the subject of Plantation Industries or any senior officer of such Ministry nominated by such Minister ; (b) the person for the time being holding office as the Secretary to the Minis­ try of the Minister in charge of the subject of Finance, or any senior officer of such Ministry nominated by such Minister ; (c) the person for the time being holding office as Chairman of the Janntha Estates Development Board estab­ lished under the State Agricultural Corporations Act, No. 11 of 1972, or his nominee ; ( d) the person for the time being holding office as Chairman of the Sri Lanka State Plantations Corporation estab­ lished under the State Agricultural Corporations Act, No. 11 of 1972, or his nominee ; ( e) the person for the time being holding office as the Rubber Controller; 2 Ruhher Research (Amendment) Act, No. 39 of 1987 (f) the member of Parliament represen­ ting the electoral district within which the Rubber Research Institute is situated; and (g) five members appointed by the Minis­ ter (hereinafter referred to as " ap­ pointed members") from among persons who have knowledge and ex­ perience of the rubber industry, with special reference to planting, manufacturing, sale and export of rubber. (2) Every appointed member of the board shall, unless he vacates office earlier by death, resignation or removal, or for other cause hold office for a term of four years from the date of his appointment and shah unless he has been removed from office, be eligible for reappointment. (3) Where an appointed member of the board, by reason of illness, infirmity or ab­ sence from Sri Lanka for a period is tern porarily unable to perform his duties, the Minister may, having regard to the provi­ sions of paragraph (g) of subsection (1) appoint another person to act in his place during such period. ( 4) An appointed member of the board may at any time resign from his office by letter to that effect addressed to the Minis­ ter and such resignation shall take effect up­ on it being accepted by the Minister in writing. (5) The Minister may, by Order published in the Gazette, remove any appointed mem­ ber of the board from office without assign­ ning any reason therefor. A member in res­ pect of w horn an Order is made under this subsection, shall be deemed to have vacated office on the date of publication of the Order in the Gazette. Ru/J/Jer Rese11rclt (Amemlment) Act, No, 39 of 1987 3 (6) In the event of the vacation of office, by death, resignation or removal er for other cause by any appointed member of the board, the Minister may having regard to the pro­ visions of paragraph (g) of subsection (1) , appoint another person to succeed such member. Any person appointed in place of such appointed member, shall hold office during the unexpired period of the term of office of the member whom he succeeds. (7) The members of the board may be paid such remuneration as the Minister may, in consultation with the Minister in charge of the subject of Finance, determine. (8) No act, decision or proceeding of the board shall be deemed to be invalid by rea­ son only of the existence of a vacancy in such board or any defect in the appointment of ony member thereof. (9) Any appointed member of the beard who is absent from three ordinary consecu tive meetings of the board, shall be deemed to have vacated his office : Provided that the board may in its dis­ cretion, restore him to his office at any time before the appointment of another member to fill the vacancy. (10) The proceedings of the board shall be conducted in the manner specified in the Schedule to this Ordinance.''. , 3. The following new section is hereby inserted imme­ , diately after section 3 and shall have effect as section 3A of the principal enactment: t jll ,".The Chair­ r 'min and i.,.Vice-Cllair­ J; 1Dan of the (;lloard. 0: 3A. (1) The Minister shall appoint two of the members of the board to be the Chairman and Vice-Chairman respectively of the board. (2) Subject to the 'provisions of subsec­ tions (3) and (5) the term of office of the Chairman and Vice-Chairman shall be his period of membership of the board:: Insertion of new section 3Ainthe pri:lclpal enactment. AmendMent of stct10n 5 ot the principal enactment. Amendment of the Sche­ dule -: to the prbcipal enactment. Members of flie ooard hQl.ding otf1ce on thea · day pre­ ce mg th,e ate of com­ menc13ment of thls Act to Cease to ~~tiie sgf\he ctate of commence­ ment of this Act 4 Rubber Researck (Amemlment) Act, No. 39 of 1987 Provided, however, that where the Chair­ man or Vice-Chairman ceases to hold office as Chairman or Vice-Chairman prior to the expiration of the term of office as a mem­ ber . of the board, the Minister may appoint another member of the board as Chairman or Vice-Chairman, as the case may be, and such member shall, unless he earlier vacates office a s Chairman or Vice­ Chairman, serve as Chairman or Vice• Chairman for the unexpired period of the term of office of the Chairman or Vice­ Chairman whom he succeeds. (3) The Minister may, without assigning any reason therefor, terminate the appoint­ ment of the Chairman. · ( 4) If the Chairman becomes by reason of illness, absence from Sri Lanka or any other cause, temporarily unable to perform the duties of his office, the Minister may ap­ point any other member of the board to act in his place. ' (5) The Chairman may at any time resign from office of Chairman by writing under his hand addressed to the Minister. Such resig­ nation shall take effect upon it being accep­ ted by the Minister in writing. ". 4. Section 5 of the principal enactment is hereby amended, by the substitution for the words and figures "All regulations made under section 3 (6) and all rules made under section 4 (12) '', of the words and figures" All rules made under section 4 (12) ". 5. The Schedule to the principal enactment is hereby amended, by the deletion of items 9, 10 ·and 11 of that Schedule. f 6. Every person holding office as a member of the board on the day immediately preceding the date of rommenc~ ment of this Act, whether such person holds such office by virtue of the provisions of paragraph (a) of subsection (1) of section 3 or is nominated to such office by virtue of the provisions of paragraph (b) of subsection (1) of section 3 of the principal enactment shall, notwithstanding anythin1 in the principal enactment, cease to hold office on the daT of commencement of this Act.