Tea Research Board Act No. 52 of 1993

Tea Researclr Board Act; No. 52 of 1993 [Certified on 12th November, 1993] L, D.-0. 62/91. AN ACT TO PROVIDE FOR 'UIE ESTABLISHMENT OF A TEA RESEARCH BOARD; AND FOR MATTERS CONNECTED THEREWITH OR INCID.I<.:~TAL THf.RETO BE it enacted by the Parliament of the Democratic Socialist.' Republic of Sri Lanka as foilows : 1. This' Act may be cited as the Tea Research Board Act, Short tit1 No. 52 of 1993, and shall come into operation on such ~~~~\on. date as the Minister may appoint by Order published in the ~ Gazette (hereinafter referred to as the " appointed date "). PART I ESTABLISHMENT OF TEA RESEARCH BOARD 2. There shall be established, in accordance with the Establishment provisions of this Act, a Board which shall be called the Tea ~;::r,ch Research Board (hereinafter referred to as " the Board "). Board. 3. (1) The Board shall by the name assigned to it, by Board to be a section 2 be a body corporate having perpetual succession body t and a common seal and may sue and be sued in such name. corpora e. (2) The headquarters of the Board shall be at Talawa .. kale or such other place as may be determined by the Board with the approval of the Minister. 4. The seal of the Bonrd (a) shall be in the custody of the Chairman of the Board ; (h) 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 afil~ed to any document except in a accordance with the rules of the Board. Seal oftne Board. 6. The functions of the Board shall be to engage in, and Functions of to encourage, foster and facilitate, research into the planting the Board. and manufacturing of tea and in particular (a) to conduct. assist and encourage, scientific and techno logical research into, and investigations of, all problems and matters affecting the production and manufacture of tea, including the prevention and control oi. pests a!tectin~ tea, the prevention and , control of diseases affecting tea and the improve ment of the quality of tea; as well as the diversifi cation of products manufactured from tea ; anti to l'owel'IIOftlle Board. 2 Tea Researck Board A~ No. 52 ef 1993 . disseminate and publish at its discretion, the results of such research ; .,, (I.,) to conduct, assist and encourage, research, into the economic viability of the tea industry in Sri Lanka including future economic trends in such industry ; • (c) to maintain and administer the Tea Research Institute situated at Talawakale, and its substations, 1n accordance with the rules of the Board ; (d) to establish maintain, relations wjth research institutions, in Sri Lanka and abroad ; ( e) to conduct, in the discharge of its functions, joint study programmes, seminars or symposia, with foreign research institutions and research institutions tn Sri Lanka. 6. The Board shall have such powers as may be necessary for the discharge of its functions and in particular, shall have the power to do all or any of the following : ( a) to acquire and hold, property movable or immovable, which may become vested in it by virtue of any lease, purchase, grant, donation, bequest or other- · ' *wise and subject to the rules of the Board, to lease, sell, assign, exchange or otherwise dispose of, the same; (b) to open and maintain, current, savings or deposit accounts in any bank or banks ; (c) to apply for, purchase or otherwise acquire, any patents, brevets d' invention, or concessions { conferring an exclusive, or non exclusive, or limited, right to use or sell any information as to any inven- ~ tion which is capable of being used for the discharge ' of the functions of the Board, or the acquisition cf which may facilitate the discharge of such functions, and to use, develop or grant licences in respect of, the property rights and information so acquired; (d) to establish and maintain experimental stations for the purposes of research and to equip such stations with all such appurtenances, accessories or equip ment as may be necessary for such research; 3 ( e) to maintain and manage tea estates and tea factories, for research and connected purposes ; Tea Research Board Act, No. 52 of 1993 3 (j) to borrow such sums of money as may be necessary for the purpose of discharging its functions ; (g) to enter into agreements for co-operation with educational and other institutions, whether in Sn.,. Lanka or abroad, having objects wholly or partly similar to those of the Board, for the exchange of personnel, research and advisory services and the training of personnel ; and generally, for such purposes as may be in furtherance of their common objects; (h) to invest its funds in such securities, as may be deter mined by the Board with the approval of the Minister and the Minister in charge of the Subje1;t of Finance; (i) to provide practical assistance, by way of advice, demonstrations, inspection of plantations and analysis, for persons engaged in the planting and manufacturing of tea ; '(j) to provide services including inspections, informatinn and reports, on the payment of the prescribed fee or free of charge ; (k) to appoint, employ, remunerate and ; exercise disciplinary control. over, and dismissal of such officers, servants or agents as are necessary, for the discharge of the functions of the Board ; (1) to accept and receive, grants, donations, bequests both movable and immovable, from sources, in Sri Lanka and abroad and to apply them for the discharge of its functions ; (m) to establish a provident fund, pension scheme or medical scheme for the benefit of the officers and servants of the Board and to make contributions to any such fund or scheme ; (n.) to enter into such contracts and agreements as are necessary .for the discharge of it's functions ; and (o) to make rules in respect of the management of the affairs of the Board. PART II OoNSTTI'UTION OF THE BOARD 7. (0 The Board shall consist of (a) the following ex-officio members : ConltituUOD of the Bold. • 4 Tea Research. Board Act, No. 52 '!fl 993 (i) the person holding office for the time being as the Director of the Tea Research Institute, Talawakale ; (ii) the person holding office for the time being as the Chairman of the Tea Small Holdings Development Authority established by the Tea Small Holdi!lgs Development Law No. 35 of 1975 ; and (b) the following nominated members: (i) a representative of the Ministry of the M:inis ... ter in charge of the subject of Finance, nominated by that Minister ; (ii) a representative of the Ministry ct. the Minister in charge of the subject of Planta tion Industries, nominated by that Minister; (iii) a representative of the Sri Lanka Tea Board, nominated by the Chairman of that Board in consultation with the Minister ; (iv) two members nominated by the Minister from amongst person who have gained eminence in the field of science ; (v) two members nominated by the Minister from amongst person who have experience and have shown capacity in relation to the tea industry; (vi) three members nominated by the Minister from amongst persons representing plantation management agents or contractors i (vii) two ~~mhe~~ nominated by the Minister in consultation with the executive of every trade union having more than one hundred thousand members. For the purpose of this paragraph, " execu tive " in relation to a trade union has the same meaniug as in the Trade Unions Ordinance : (2) The Minister shall nominate one of the members of the Board to be the Chairman of the Board (3) No Person shall De qualifi~d to be appointed a member of the Board unless he is a citizen ol. Sri Lanka, •✓ Tea Research Board Act No. 52 of 1993 5 &. (1) A member of the Board nominated under sub- Te:rmol section (1) (b) of section 7 shall hold office for a period of affice. three years reckoned from the date of his nomination. (2) The Minister may remove any member of the Board, nominated under sub-section (1) (b) of section 7, from office ( a) if he is adjudged by a competent court to be of unsound mind; or (b) if he -is adjudged by a competent court to be insolvent or guilty.of an offence involving moral turpitude. (3) A member of the Board nominated under sub-section (1) (b) of section 7 may at any time resign his office by letter addressed to the person nominating such member. ( 4) In the event of a vacancy occuring in the member ship of the Board as a result of any member of the Board nominated under sub-section (1) (b) of section 7 vacating office, by death, resignation, removal from office, or other wise, another person shall, having regard to the prov1s10ns of section 7, be nominated to fill such vacancy. (5) Where another person is nominated to fill a vacancy caused by the death, resignation, removal from office, or otherwise, of a m ember nominated under sub-section (1) (b) of section 7, the person so nominated shall hold such office during the unexpired part al. the term of office of the member of the Board whom he succeeds. (6) Where any member of the Board nominated under sub-section (1) (b) of section 7, is by reason of illness, infirmity or absences from Sri Lanka for is period of not less than three months, temporarily unable to perform his duties, another person, may, having regard to the provi sions of section 7, be nominated to act in his place. (7) Any member ol. the Board nominated under sub section (1) (h) of section 7, who is absent without leave from three consecutive ordinary meetings . of the Board, shall be deemed to have vacated his office. 9. (1) The Chairman may at any time resign from the office of Chairman by letter addressed to the ¥mister. (2) The Minister may at any time, remove the Chairman from the o~ce of Chairman, without ass1gn1ng any r e a S O n : ' therelor. r Chairman oi~ BO&N. Meetings el.the Board. 6 Te11 Rese11rck Bo11rtl Act, No. 52 o/1993 (3) If the Chairman is by reason of illness or absence from Sri Lanka, temporarily unable to perform the duties . ~ his office, the Minister may appoint another member of the Board to act in his place. ( 4) Subject to the provisions of subsect·ions (1) and (2 j , the term of office of the Chairman shall be the period of his membership of the Board. 10. (1) The Chairman shall preside at all meetings of the Board. In the absence of the Chairman from any meeting of the Board, a member chosen by the members of the Board present at tuch meeting, shall preside at such meeting. (2) In the event of any equality of votes at any meeting of the Board, the Chairman or the member presiding at such meeting shall in -addition to his vote have a casting vote. (3) The Board may delegate to the Chairman any power, duty or function conferred or imposed on, or assigned to, the Board by this Act. ( 4) The meet•ings of the Board shall be convened by the Chairman and shall be held as frequently as is necessary for the purpose of the discharge of the functions of the Board under this Act. (5) The quorum for a - meeting of the Board shall be five members. (6) The members of the Board shall be remunerated in such manner and a~ such rates as may be determined by the i1inister, in consultation with the Minister in charge of the subject of Finance. ('!) Subject to the provisions of this Act, regulations may be made, regulating the procedure to be followed w1th regard to the conduct Of its meetings and the tran ,ac~ion of business at such meetings. (8) The Board shall in the exercise of its powers, the performance of its duties and the discharge of its functions, ·be subject to, and .act' in accordance With, such directior\s as the Minister may from time to time issue. • Tea Research Board Act; No. 52 ef 1993 7 11. Subject to the provisions of subsection (5) of section Pr~ ~- 10, the Board shall have the power to act notwithstanding ~~: any vacancy in its membership, and no act or proceeding of p.ot t9 bp the Board shall be invalid by reason only of the existence ~!= DY of any such vacancy or any defect in the nomination of a of any memberthereo£ 6:CS-~~tin PART III POWERS AND FUNCTIONS OF THE DIRECTOR nomination of a mem'ber. 12. The Director of the Tea Research Institute referred The to in section 7 (1) (a) (i) shall-- Director (u) be responsible for the administration of the affairs of that Institute, subject to the general direction and control of the Board ; (b) exercise, perform and discharge any such powers, functions and duties of the Board as may be delegated to him by the Board. PART IV FINA.l{CB 13. (a) There shall be charged, levied and paid on every kilogramme of tea exported from Sri Lanka a cess calculated at such rate as may be fixed by the Minister in consulta tion with the Miniser in charge a!. the subject of Finance, by Order published in the Gazette: Provided that no such cess shah be charged or levied on any tea, which is proved to the satisfaction of the Director General of Customs to have been imported into Sri Lanka for the purpose of re-export. (•) The amount of the cess imposed under this section may be varied, or any such cess may be rescinded, by the Minister, in consultation with tha Minister in charge of the subject- of Finance, by Order published in the Gazette. ( c) Every Order made by the Minister under this section shall come into force on the date of its publication in the Gazette or on such later date as may be specified therein, and shall be brought before Parliament for approval within four months of the date of its publication in the Gazette. •:!aJl7 such Order which is not so approved shall be deemed j to be revoked as from the' date of its disapproval, but Le-yy of Cessontea exporte4. The Fund of the £oanl. Audit el accoUML a Tea Research Board Act, No. 52 of 1993 without prejudice to the validity of anything previously done there~pder. Notification of the date on which any such , Order is deemed to be revoked shall be published in the Gazette. ( d) This section shall have effect as though it formed a part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly. ( e) The proceeds of the cess recovered under this section shall be paid monthly by the Director-General of Customs, to the credit of the Tea Research Fund established by section 14. Every such payment shall be accompanied by the supporting documents (f) The cess on tea imposed under this section shall be in addition, to any export duty or cess on tea levied under any other written law. 14. (1) There shall be established' a Fund to be called the . Tea Reasearch Fund (hereinafter referred to as "the Fund"). (2) There shall be paid into the Fund (u) such sums of money .as may be received by the Board in the exercise, performance and discharge of its powers, duties and functions under this Act ; (b) such sums of money as may be received by the Board, by way of grants, donations, bequests from any source whatever, whether in Sri Lanka or abroad; (c) The proceeds of the cess on tea imposed under section 13. (3) There shall be paid out of the Fund all sums of money as may be authorised by the Board for the ; purpose of defraying any expenditure incurred by the Board, in the exercise, performance and discharge of its powers, duties and functions under this Act. 15. (1) The Board shall cause proper accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Board. ( 2 ) The financial 7ear of the Board shall be the ealeader year. (3) The Auditor-General shall audit the accounts of \he Board every year. For the purpose ct assisting him in the Tea Research Board Act No. 52 of 1993 9 audit of such accounts, the Auditor-General may employ ,- the services of any qualified auditor who shall act under his direction and control. ( 4) For 'the purposes of meeting the expenses incurred by him in the audit of accounts of the Board, the Auditor General shall be paid out of the .&"'1.1nd such remuneration as may be determined by the Board. Any remuneration received by the Auditor-General shall, after deduciion therefrom of any sums paid- by him to any qualified auditor or auditors employed by him for the purpose of conducting such audit, be credited to the Consolidated Fund. (5) The Auditor-General shall, as soon as practicable after the thirty-first day of December of each year prepare a report on the administration of the affairs of the Board during that year, together with a statement of the income and expenditure of the Board and of theinvestment of the moneys belonging to the Board during that year. (6) In this section, the expression " qualified auditor" means (a) an individual who being a member of the Institute of Chartered Accountants of Sri Lanka or any other institute 'established by law, possesses a certificate to practise as an Accountant, issued by the Council of such Institute, or (bj a firm of chartered accountants each of the partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possesses a certificate to practise as an Accountant, issued by the Council of such Institute. 16. The Auditor-General aha1l transmit the report prepared by him in pursuance of section 15 to the Minister in charge of the 'subject of Plantation Industries who shall cause such report and statement to be placed before .Parliament. lT. The Minister may in consultation with the Minister in charge of the subject of Finance waive any charges leviabi~ on an import licence, in respect of goods imported by the Board, for utilisation by the Board. Auditor General's statement and report to be placed before Parliament. Exemption from taxes. 10 Tea Research Board Act, No. 52 ef 1993 PART V Miscellaneous Re,ulatioru,. 18. (1) The Minister may make regulations in respect of ln;\tters, for which regulations are required or authoriz 'ed by this Act to be made, or which are required by this Act to be prescribed. Action or Proceeding not to lie ~ainst U-oard, or officer or servant, &c. in certam ~lrcumdances. (2) Every regulation made under subsection (1) shall be published in the Gazette and shall come into operation on the date cl such publication or on such later date as mav be srecified in such regulation. (3) Every regulation made under subsection (1) shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval and any regulation which is not so approved shall be deemed to be rescinded with effect from the date of such disapproval, but without prejudice 1o anything previously done thereunder.' (4) Notification of' the date on which any reg:ulation is deemed to be rescinded shall be published 1n the Gazette. 19. (1) No action or proceeding shall lie against the Board for any act which in good faith is done, or purported to be done, by the Board under this Act. (2) No action or proceeding shall lie against any member, officer, servant or agent of the Board for any am which in good faith is done or. purported to be done, by him under this Act or on the direction of the Board, (3) Any expense incurred by the Board in any action or proceeding brought by or against the Board before any Court, shall be paid out of the Fund and any costs paid to, or recovered by, the Board in-any such action or proceeding shall be credited to the Fund. ( 4) Any expense incui'rei by any such person as is referred to in subsection (2) in any action or proceeding brought against him before any court in respect of any act, which is done or purported to be done by him under this Act or on the direction of the Board, shall if the 'Court holds that the act was so done 01· purported to be done, in good faith, be paid out of the Fund, unless. such expense 1s I recovered by him in such action or proceding Tea Research Board Act No. 52 ef 1993 11 20. (1) At the request of the Board any officer in the public service may, with the consent of that officer and of the Secretary to the Ministry of the liinister in charge of the subject of Public Administration, be temporarily appointed to the satff of the ·Board, for such period as may be jetermin.ed by the Board with like consent, or with like consent be permanently appointed to such staff. (2) Where any public officer Is temporarily appointed to the staff of the Board, the provisions of section 13 (2) of the Transport Bc:ard Law, No. 19 of 1978, shall apply to, and in relation to, him, (~) Where any public officer is permanently appointed to ~ne stair of the Board, the provisions of section 13 (3) of the Transport Board Law, No. 19 of 1978, shall apply to, and in relation to, him. (3) Where the Board employs a person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any perlud of service to the Board by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such person under such contrart. ✓ Appointment of publi offl~ers, to&he of the Board. A ff. d f h B' . d h 11 b Officers and 21. 11 o 1cers an seroants o t e oar s a e servants of deemed to be public servants within the meaning and for t~~rg, the nurposts of the Penal Code. be public r • servants. 22. The Board shall be deemed to be a scheduled institution within the meaning of the Bribery Act and the provisions of that Act shall be construed accordingly. 23. (1) The Eoard may for the purpose of discharging its functions under this .Act, require any person to furnish to the Board, such returns and l"\formation in respect of such matters and in such form as may be determined by ' the Board. (2) Any person who (a) fails to furnish nny return or information in compliance with any requirement imposed on him under subsection (1) ; Board tc; be ~ ~h~uled, mstitut10n within the meaning of the Bribery Act. Returns. Transitional prov~ions. ilinhab text to prevail in case of inconsistency. Interpretation. 12 Tea Research Beard Act, No. 52 of 1993 (b) knowingly makes any false statement in any return or information furnished by him in compliance with any requirements imposed on him under subsection (1) ; or (c) williully omits any matter in any return or infor mation furnished by him in compliance with any requirement imposed on him under subsection (1) , shall be guilty of an offence under this Act and shall on conviction, after summary trial before a Magistrate, be liable to a fine not exceeding five thousand rupees. 24: (1) All property, movable and immovable, vested in the Sri Lanka Tea Boarc.~ and used on the day preceding the appointed date, for the purposes of the Tea Research Institute maintained by the Sri Lanka Tea Board (in this section referred to as the " Tea Research Institute "), shall vest in the Board, with effect from the appointed date. (2) All contracts and agreements entered into, by, 'or with, the Srl Lanka Tea Poard for the purposes of the Tea Research Institute, and all liabilities incurred by the Sri Lanka Tea Board in respect of the Tea Research Institute, and subsisting on the day preceding the appointed date, shall be deemed, with effect frorn the appointed date to be contracts agreements and liabilities entered into, by, or with the Board, and may be enforced accordingly. (3) All actions and proceedings instituted by, or against, the Sri Lanka Tea Board relating to the Tea Research Institute and pending on the day preceding the appointed date shall, with effect from the appointed date, be deemed to be actions and proceedings instituted by or against, the Board and may be continu~d accordingly. 35. In the event of any inconsistency between the 3inh:tla and Tamil text of this Act, the Sinhala text shall prevail. 26, In this Act, unless the context otherwise requires " Chairman " means the Chairman ci. the Board, nomina ted under section 7 (2) ; Tea Researclt Board Act; No. 52 of 1993 13 '' Sri Lanka Tea Board "means the Sri Lank& Tea Board established by the Sri Lanka Tea Board Law, No. 14 of 1975 ; and the expressions "made tea ", " tea '', " tea factory " and '• tea plant " shall have the respective meanings assigned to them by the Tea Control Act, No. 51 of 1957.