No. 75 of 19811 SUGARCANE RESEARCH INSTITUTE

No. 75 of 1981

SUGARCANE RESEARCH INSTITUTE

ActNo. 75 of 1981

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE SUGARCANE RESEARCH

INSTITUTE AND To PRoVIDE FOR MAnERS CONNECfED THEREWITH OR INCIDENTALTHERETO.

[Commencement and Operation-29th December, 1981.]

Short title. 1. This Act may be cited as theSugarcane Research Institute Act, No. 75 of1981.

equipment, funds and any otherassistance for the efficient conductof the Institute;

Establishmentof theSugarcaneResearchInstitute.

2. (1) There shall be established inaccordance with the provisions of this Act,an institute which shall be called theSugarcane Research Institute (hereinafterreferred to as "the Institute ") for thepurpose of conducting research in respect ofthe growth and cultivation of sugar cane andthe manufacture of any product therefrom.

(2) The Institute shall, by the nameassigned to it by subsection (I), be a bodycorporate and shall have perpetualsuccession and a common seal and may sueand be sued in its corporate name.

(d) levy fees or charges for any servicesrendered by the Institute;

(e) appoint, employ, remunerate andexercise disciplinary control over itsofficers and servants ;

(J) establish and maintain providentfunds and provide welfare andrecreational facilities' for itsemployees ;

(g) make rules in respect of theadministration of the affairs of theInstitute;

(c) import plant, machinery andequipment required for the purposeof the Institute and receive

(3) The members of the Board ofGovernors shall be the members of theInstitute.

(b) acquire, establish, instal and operatefield training centres and pilotprojects relating to sugarcaneresearch

3. The Institute shall have such powers,rights and functions as may reasonably benecessary to carry out its objects and dutiesand in particular may-

Constitution.&c., of theBoard ofGovernors ofthe Institute.

(h) delegate to any member, theDirector of the Institute or anyemployee such functions as theBoard of Governors may considernecessary for the efficienttransaction of its business ; and

(i) do all other things which in theopinion of the Board of Governorsare necessary or conducive orincidental to the attainment of theobjects of the Institute.

4. In the exercise of its powers and the Institute tocarrying out of its objects, the Institute shall exercise its

1 . h h 1 li f th powers undercomp y WIt t e genera po ICY 0 e the directionsGovernment in relation to agricultural of the Minister.development and research and with anygeneral or special direction issued by theMinister in relation to such policy.

5. (I) The management andadministration of the affairs of the Instituteshall be vested in a Board of Governors(hereinafter referred to as " the Board "),

acquire in any manner whatsoeverand hold, take or give on lease orhire, mortgage, pledge, sell orotherwise dispose of, any movableor immovable property ;

(a)

Powers ofthe Institute.

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SUGARCANE RESEARCH INSTITUTE rNo; 75 of 1981

Term of officeof appointedmembers of theBoard.

(2) The Board shall consist of thefollowing members-

(u) three members (hereinafter referredto as II appointed members tt) whoshall be appointed by the Ministerfrom among eminent scientists ofproven ability ;

(6) two members (referred to as" nominated members j being-

(i) a representative of the Minstrynominated by the Minister;and

(ii) a representative of theMinistry charged with thesubject of Finance andPlanning nominated by theMinister in charge of thatsubject ; and

(c) two other members (referred to asII ex officio members j who shall bethe persons for the time beingholding office as-

(i) the Chairman of the Sri LankaSugar Corporation ; and

(ii) the Director of the Institute.

6. (I) Every appointed member of theBoard shall hold office for a period of threeyears, unless he earlier vacates office bydeath, resignation or removal.

(2) The Minister may, if he considers itexpedient to do so, by Order published inthe Gazette, remove from office anyappointed member of the Board withoutassigning any reason therefor.

(3) An appointed member of the Boardmay at any time resign his office by letter tothat effect addressed to the Minister.

(4) If an appointed member of theBoard dies or resigns or is removed fromoffice the Minister may, having regard tothe provisions of subsection (2) (a) ofsection 5, appoint any other person to be amember in place of the member who dies,resigns or is removed from office.

(5) A member who has been appointedunder subsection (4) shall hold office for theunexpired portion of the term of office ofhis predecessor.

(6) Where an appointed member of theBoard is by reason of illness, infirmity orabsence from Sri Lanka for a period of notless than three months, temporarily unableto perform the duties of his office, it shall bethe duty of such member to inform theMinister in writing. The Minister may,having regard to the provisions ofsubsection (2) (a) of section 5, appointanother person to act in the place of suchmember.

(7) Any appointed member of the Boardwho vacates office, otherwise than byremoval, shall be eligible forreappointment.

7. The Chairman of the Board shall be Chairman of

appointed from among the appointed the Board.

members of the Board.

8. No act or proceeding of the Board Actsorshall be invalid by reason only of the proceedingsof

. . the Board notexistence Of any vacancy In the Board Or to be invalid bvany defect in the appointment of a member reason of any ,f h B d vacancy or

o t e oar . defect in theappointment ofa member.

9. (I) The members of the Board may Remuneration,

be paid such remuneration' as may be &c., of

d . d b h M " . h h members.eterrrune y t e mister WIt t econcurrence of the Minister in charge of thesubject of Finance.

(2) The person holding the office ofDirector of the Institute may be paid suchremuneration and allowances as theMinister may with the concurrence of theMinister in charge of the subject of Financedetermine.

10. (1) A meeting of the Board shall be Meetings of

held at least one in each month. the Board.

(2) The Chairman or in his absence amember elected by the members present,shall preside at meetings of the Board.

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No. 75 of 19811 SUGARCANE RESEARCH INSTITUTE

Delegation of

powers andduties of the

Board .

Appointmentof the Directorof the Instituteand otherofficers andservants of theInstitute.

Powers of theBoard Inregard to thestaff of the

Institute,

(3) All questions for decision at anymeeting of the Board shall be decided by thevote of a majority of the members present.In the case of an equality. of votes, themember presiding shall have a casting vote.

(4) The quorum for any meeting of theBoard shall be three members and subject tothe provisions of this section the Board mayregulate its own procedure.

11. (1) The Board may delegate to theChairman or any other member or theDirector of the Institute or any employee ofthe Institute any of its powers and duties.

(2) The Chairman, other member, theDirector or employee to whom any of thepowers or duties of the Board have beendelegated under subsection (1) shall exerciseor perform the powers and duties sodelegated subject to general or specialdirections of the Board.

12. (I) There shall be appointed by theMinister a Director of the Institute whoshall be the chief executive officer of theInstitute.

(2) The Board may appoint to the staffof the Institute such other officers andservants as may be necessary for thepurposes of the Institute.

13. (I) Subject to the other provisionsof this Act, the Board may-

(u) appoint, dismiss and exercisedisciplinary control over the staff ofthe Institute;

(b) fix the wages or salaries or otherremuneration of the staff;

(c) , determine the terms and conditionsof service of such staff; and

(d) establish and regulate providentfunds and schemes for the benefit ofsuch staff and make contributionsto any such fund or scheme.

(2) Rules may be made under this Act inrespect of all or any of the matters referredto in subsection (1 ).

14. (1) At the request of the Board, Appointment

any officer in the public service may with of public, officers to the

the consent of that officer and the Secretary staff of the

to the Ministry charged with the subject of Institute.Public Administration, be temporarilyappointed to the staff of the Institute forsuch period as may be determined by theBoard with like consent or with like consentbe permanently appointed to such staff.

(2) The provisions of subsection (2) ofsection 13 of the Transport Board Law (Cap. 526.1

shall, mutatis mutandis, apply to and inrelation to any officer in the public servicewho is temporarily appointed to the staff ofthe Institute, and the provisions ofsubsection (3) of the aforesaid section 13shall, mutatis mutandis, apply to and inrelation to any officer in the public servicewho is permanently appointed to such staff.

(3) Where the Board employs anyperson who has agreed to serve theGovernment for a specified period, anyperiod of service with the Institute by thatperson shall be regarded as service to theGovernment for the purpose of dischargingthe obligations of such agreement.

(4) At the request of the Board, anymember of the Local Government Serviceor any other officer or servant of any localauthority may with the consent of suchmember, officer or servant and the LocalGovernment Service Advisory Board or thatlocal authority , as the case may be, betemporarily appointed to the staff of theInstitute for such period as may bedetermined by the Board with like consentor with like consent be permanentlyappointed to such staff on such terms andconditions including those relating topension or provident fund rights, as may beagreed upon by the Board and the LocalGovernment Service Advisory Board or thelocal authority.

(5) Where any person is temporarilyappointed to the staff of the Institute inpursuance of subsection (4), such personshall be subject to the same disciplinarycontrol as any other member of such staff.

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SUGARCANE RESEARCH INSTITUTE [No. 75 of 1981

Members,officers andservants ofthe Institutedeemed to bepublic servants.[Cap . 25.]

Institutedeemed to bea scheduledInstitutionwithin themeaning of theBribery Act.[Cap. 36.]

Fund of theInstitute.

15. All members, officers and servantsof the Institute shall be deemed to be publicservants within the meaning and for thepurposes of the Penal Code.

16. The Institute shall be deemed to be ascheduled institution within the meaning ofthe Bribery Act, and the provisions of thatAct shall be construed accordingly.

17. (1) The Institute shall have its ownfund. There shall be credited to the Fund ofthe Institute-

(u) all such sums of moneys as may bevoted from time to time byParliament for the use of theInstitute;

(b) all such sums of moneys as may bereceived by the Institute in theexercise, discharge and performanceof its powers, functions and duties;and

(c) all such sums of moneys as may bereceived by the Institute by way ofloans, donations, gifts or grantsfrom any source whatsoever,whether in or outside Sri Lanka.

(2) There shall be paid out of the Fundof the Institute all such sums of moneysrequired to defray the expenditure incurredby the Institute in the exercise, dischargeand performance of its powers, functionsand duties.

(3) The initial capital of the Instituteshall be such sums as may be granted to theInstitute by resolution of Parliament fromthe Consolidated Fund on such terms andconditions as may be determined by theMinister in charge of the subject of Finance.

(4) The capital of the Institute may beincreased from time to time by such amountas may be authorized by any AppropriationAct or by resolution of Parliament and thatamount shall be paid or made available tothe Institute by the Government by way ofgrant or loan on such terms and conditions

as may be determined by the Minister incharge of the subject of Finance.

18. (1) There shall be charged, leviedand paid a cess at such rates as may bedetermined by the Minister from time totime, with the concurrence of the Ministerin charge of the subject of Finance, byOrder published in the Gazette, on sugarproduced and on such other by-products ofsugar cane specified in the Order.

(2) The amount of cess imposed underthis section may be varied or rescinded by alike Order.

(3) Every Order made by the Ministerunder this section shall come into force onthe date of its publication in the Gazette oron such later date as may be specifiedtherein, and shall be brought beforeParliament for approval within four monthsof the date of its publication. Any suchOrder which is not so approved shall bedeemed to be revoked as from the date of itsdisapproval, but without prejudice to thevalidity of anything previously donethereunder.

19. (1) The Institute shall cause itsaccounts to be kept in such form andmanner as may be determined by theMinister with the concurrence of theMinister in charge of the subject of Finance.

(2) The books of accounts of theInstitute shall be kept at the office of theInstitute.

(3) The provisions of Article 154 of theConstitution relating to the audit of theaccounts of public corporations shall applyto the audit of the accounts of the Institute .

20. (1) Where any immovable propertyis required to be acquired for any purposeof the Institute and the Minister by Orderpublished in the Gazette, approves of theproposed acquisition, that property shall bedeemed to be required for a public purposeand may accordingly be acquired under theLand Acquisition Act and be transferred tothe Institute.

(2) Any sum payable for the acquisitionof any immovable property under the LandAcquisition Act for the Institute shall bepaid by the Institute.

Levy of cess.

Accountand audit.

[Cap . I.]

Acquisition ofimmovableproperty underthe LandAcquisitionAct for theInstitute.

[Cap . 295.)

[Cap. 295.]

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No. 75 of 1981] SUGARCANE RESEARCH INSTITUTE

State property,both movableand immovable,to be madeavailable to theInstitute.

ICap.286.1

TheGovernment tomake availablepremises, &c.,for the use ofthe Institute.

Protection foraction takenunder this Actor on thedirection of theBoard.

21. (1) Where any immovable propertyof the State is required for any purpose ofthe Institute, such purpose shall be deemedto be a purpose for which a special grant orlease of such property may be made undersection 6 of the State Lands Ordinance, andaccordingly the provisions of thatOrdinance shall apply to a special grant orlease of such property to the Institute :

Provided that no order affecting anyimmovable property of the State shall bemade by the Minister under the precedingprovisions of this section without theconcurrence of the Minister having controlover such property.

(2) Where any movable property of theState is required for the purpose of theInstitute, the Minister may, by Orderpublished in the Gazette, transfer to andvest in the Institute the possession and useof such movable property.

22. The Government shall provide forthe use of the Institute such land, buildingand other facilities as may be deemednecessary.

23. (l) No suit or prosecution shall1i e-

(u) against the Board for any act whichin good faith is done or purported

to be done by the Board under thisAct ; or

(b) against any member, officer, servant,or agent for any act which in goodfaith is done' or purported to bedone by him under this Act or onthe direction of the Board.

(2) Any expense incurred by suchperson as is referred to in subsection (1) inany suit or prosecution brought against himbefore any court in respect of any act whichis done by him under this Act or on thedirection of the Board shall, if the courtholds that the act was done in good faith, bepaid out of the funds of the Institute.

24. No writ against person or property No writ toshall be issued against a member of the issue agains

Bb d . . b gh . th penon orar m any acnon rou t agamst e property of aInstitute. member of the

the Board.

25. (1) The Institute may make rules in Power of

respect of all or any of the matters for which Ins~tu~torules are authorized or required by this Act rna e es,

to be made.

(2) No rule made by the Institute shallhave effect until it has been approved by theMinister.

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