ACT, No. 12 OF 2009

12of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
THE SRI LANKA INSTITUTE OF TEXTILE
AND APPAREL ACT, NO. 12 OF 2009
—————————
[Certified on 20th March, 2009]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of March 20, 2009
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
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The Sri Lanka Institute of Textile and Apparel 1
Act, No. 12 of 2009
[Certified on 20th March, 2009]
L. D. — O. 66/2006.
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE SRI LANKA
INSTITUTE OF TEXTILE AND APPAREL; TO PROVIDE FOR THE
DEVELOPMENT AND SUSTAINABILITY OF THE TEXTILE AND APPAREL
INDUSTRY; TO CONDUCT TRAINING PROGRAMMES AND WORKSHOPS IN
TEXTILE AND CLOTHING TECHNOLOGY, MANAGEMENT AND RELATED
AREAS FOR LOCAL AND FOREIGN STUDENTS; TO PROVIDE TECHNICAL
AND CONSULTANCY SERVICES TO FOREIGN COUNTRIES; TO PROVIDE
FOR THE REPEAL OF THE CLOTHING INDUSTRY TRAINING INSTITUTE
ACT, NO. 3 OF 1984 AND THE TEXTILE TRAINING AND SERVICES
CENTRE ACT, NO. 4 OF 1984 AND FOR MATTERS CONNECTED
THEREWITH AND INCIDENTAL THERETO.
WHEREAS the Clothing Industry Training Institute Act, Preamble.
No. 3 of 1984, established the Clothing Industry Training
Institute to provide training and technical services to the
Clothing Industry:
AND WHEREAS the Textile Training and Services Centre
Act, No. 4 of 1984 established the Textile Training and
Services Centre to provide training, consultancy and
technical services to the Textile Industry:
AND WHEREAS the bulk of the resources and equipment
utilized by the Clothing Industry Training Institute and the
Textile Training and Services Centre are shared between the
said Institutions and both Institutions are presently providing
similar services to the textile and apparel industry:
AND WHEREAS it has become necessary to reduce the
operational cost of maintaining the aforesaid two Institutions
by merging the said Clothing Industry Training Institute and
the said Textile Training and Services Centre and thereby
combining the services provided by these two institutions
in the Sri Lanka Institute of Textile and Apparel established
herein:
2 —PL003130—4,200 (08/2008)
2 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
NOW THEREFORE be it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows:—
Short title 1. This Act may be cited as the Sri Lanka Institute of
and date of Textile and Apparel Act, No. 12 of 2009 and the provisions
operation.
of this Act other than this section, shall come into operation
on such date (hereinafter referred to as the “appointed date”)
as the Minister may appoint by Order published in the
Gazette. The provisions of this section shall come into effect
in terms of paragraph (1) of Article 80 of the Constitution on
the date on which the certificate of the speaker is endorsed.
PART I
ESTABLISHMENT OF THE SRI LANKA INSTITUTE OF
TEXTILE ANDAPPAREL
Establishment 2. There shall be established an Institute called the Sri
of the Sri Lanka Institute of Textile and Apparel (hereinafter referred to
Lanka
as the “Institute”) which shall, by the name assigned to it by
Institute of
Textile and this section, be a body corporate and have perpetual
Apparel. succession and a common seal and may sue and be sued in its
corporate name.
Constitution 3. (1) The Institute shall have a Board of Governors
of the Board
(hereinafter referred to as “the Board”) consisting of —
of
Governors.
(a) the following ex-officio members, namely:—
(i) the Secretary to the Ministry of the Minister
in charge of the subject of Textile and Apparel
Industry or any other officer of such Ministry
nominated by such Minister, who shall be the
Chairman of the Board;
(ii) an officer from the Ministry of the Minister in
charge of the subject of Enterprise
Development and Investment Promotion,
nominated by such Minister;
The Sri Lanka Institute of Textile and Apparel 3
Act, No. 12 of 2009
(iii) an officer from the Ministry of the Minister in
charge of the subject of Industries, nominated
by such Minister;
(iv) an officer from the Ministry of the Minister in
charge of the subject of Higher Education,
nominated by such Minister;
(v) an officer from the Ministry of the Minister in
charge of the subject of Finance, nominated
by such Minister; and
(b) the following members to be appointed by the
Minister (hereinafter referred to as “the appointed
members”) :—
(i) two persons from among those engaged in the
textile manufacturing industry and textile
exporting industry;
(ii) three persons to represent the Joint Apparel
Associations Forum incorporated under the
Companies Act, No. 17 of 1982;
(iii) two persons to represent academic or
professional institutions engaged in
conducting academic courses or training
relating to textile or clothing technology.
(2) The Board shall be responsible for the administration
of the affairs of the Institute.
(3) The provisions of the Schedule to this Act shall have
effect in relation to the term of office of the members of the
Board, the remuneration payable to the members, meetings
of the Board and the Seal of the Board.
4. The objects for which the Institute is established shall Objects of the
be to— Institute.
(a) conduct post graduate and degree programmes and
to provide Diploma level education, training and
consultancy and technical services to those in the
textile and apparel industry;
4 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
(b) establish national standards in textile and clothing
technology, management and other related areas and
award certificates in respect of the same;
(c) assist the Government in the formulation of a
national policy on textile and apparel industry;
(d) link up with foreign institutions, industries and
laboratories and to provide accreditation and
laboratory services and conduct high level of
courses maintaining high standards in respect of
the same;
(e) form affiliations with local and foreign universities
and institutions with a view of awarding degrees,
post graduate degrees, diplomas and certificates in
the fields related to the textile and apparel industry;
(f) carry out research and promote product
development in the textile and apparel industry in
collaboration with State Institutions, local and
foreign academic organizations, institutions and
industries;
(g) offer testing and other related technical consultancy
services in fields related to the textile and apparel
industry on a fee levying basis to local and foreign
institutions and to local and foreign students;
(h) conduct market surveys, technical and economic
feasibility studies, project appraisals and
valuations on plant and machinery used in the
textile and apparel industry;
(i) maintain a data base containing information
relating to the production, import and export and
other technical information relating to the textile
and apparel industry; and
The Sri Lanka Institute of Textile and Apparel 5
Act, No. 12 of 2009
(j) issue conformity certificates to those engaged in
the textile and apparel industry on international,
national and company compliance system
standards.
5. In the administration of the affairs of the Institute, the Powers, duties
Board shall exercise, perform and discharge the following and functions of
the Institute.
powers, duties and functions:—
(a) conduct, assist, co-ordinate and encourage research
into all aspects of the textile and apparel industry;
(b) enter into agreements with local and foreign
institutions and laboratories for accreditation
services and to establish standards for testing
services;
(c) enter into agreements with local and foreign
universities and other professional institutions, to
provide education and training in all aspects
relating to the textile and apparel industry;
(d) import plants, machinery and equipment required
for the purposes of the Institute and receive
equipment, funds, personnel and any other
assistance needed for the efficient conduct of the
affairs of the Institute;
(e) sponsor and hold conferences, workshops and
seminars within or outside Sri Lanka and publish
journals and magazines relating to the textile and
apparel industry;
(f) acquire, establish, install and operate field training
centres and carry out pilot projects relating to the
textile and apparel industry;
(g) levy fees and charges for all services rendered by
the Institute;
6 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
(h) make rules in respect of matters pertaining to the
administration of the affairs of the Institute as may
become necessary;
(i) acquire in any manner whatsoever and hold, take or
give on lease or hire, mortgage, pledge, sell or
otherwise dispose of, any movable or immovable
property;
(j) delegate to any member of the Board, the Director-
General, any Director or other employee of the
Institute any of its powers, duties or functions as the
Board may consider necessary;
(k) at any reasonable time enter into any land or premises
with the consent of the owner, occupier or the person
in charge of such land or premises, for the purpose
of carrying out any investigations and of recording
data, inspecting books and documents and taking
copies or extracts therefrom, which in the opinion
of the Board are necessary for the attainment of the
objects of the Institute; and
(l) do all such other things which in the opinion of the
Board are necessary, conducive or incidental to the
attainment of the objects of the Institute.
Board to 6. In the exercise, discharge and performance of its
exercise,
powers, duties and functions, the Board shall comply with
discharge and
perform its the general policy of the Government in relation to the textile
powers, duties and apparel industry and with any general or special
and functions in
compliance with directions that may from time to time be issued by the Minister
the general in relation to implementation of such policy.
policy of the
Government.
Delegation. 7. (1) The Board may delegate to the Chairman or any
other member of the Board or to the Director-General, a
Director or to any other employee of the Institute, any of its
powers, duties or functions.
The Sri Lanka Institute of Textile and Apparel 7
Act, No. 12 of 2009
(2) Any person to whom any power, duty or function of the
Board have been delegated under subsection (1), shall
exercise, discharge and perform such power, duty or function
so delegated, subject to the general or special directions of
the Board.
PART II
APPOINTMENT OF THE DIRECTOR-GENERAL, DIRECTORS AND
THE STAFF OF THE INSTITUTE
8. (1) The Minister shall in consultation with the Board, Director-
General and
appoint a Director-General of the Institute (in this Act
Directors of the
referred to as the “Director-General”) who shall be its chief Institute.
executive officer. The terms and conditions of employment
and the remuneration payable to the Director-General shall
be determined by the Minister in consultation with the
Minister in charge of the subject of Finance.
(2) The Director-General shall subject to the general
direction and control of the Board, be charged with the
direction of the affairs of the Institute and shall further perform
and discharge such functions and duties as may be delegated
to him by the Board.
(3) The Board, shall appoint two persons as Directors of
the Institute, each of whom shall be in charge of separate
divisions of the Institute.
(4) The Directors appointed under subsection (3) shall
perform and discharge their duties and functions in relation
to the divisions assigned to them, subject to the general
supervision of the Director-General.
(5) The Minister or the Board, as the case may be, may for
reasons assigned, remove from office the Director-General
or any Director appointed under subsection (3), as the case
may be.
8 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
(6) The office of the Director-General or of any one of the
two Directors shall become vacant upon the death, retirement,
removal from office under subsection (5) or resignation by
letter in that behalf addressed to the Minister or the Board, as
the case may be.
(7) Where any vacancy occurs in the office of the Director-
General or any one of the Directors, the Minister or the Board,
as the case may be, may appoint a member of the Board to
perform and discharge the duties and functions of the office
of the Director-General or the Director, as the case may be,
until an appointment is made under subsection (1) or
subsection (2), to fill such vacancy.
Staff of the 9. Subject to the provisions of this Act and of any rules
Institute. that may be made thereunder, the Board may appoint such
officers and employees as it may consider to be necessary, for
the efficient exercise, discharge and performance of its
powers, functions and duties, and further—
(a) determine the salaries or other remuneration payable
to the Directors, officers and other employees of the
Institute;
(b) exercise disciplinary control, including the removal
of the Directors, officers and other employees of the
Institute; and
(c) determine the terms and conditions of service of the
Directors, officers and other employees of the
Institute.
Appointment of 10. (1) At the request of the Board any officer in the
public officers public service may with the consent of that officer and the
to the Staff of
the Institute. Secretary to the Ministry of the Minister in charge of the
subject of Public Administration, be temporarily appointed
to the staff of the Institute for such period as may be
determined by the Board, or with like consent be permanently
appointed to such staff.
The Sri Lanka Institute of Textile and Apparel 9
Act, No. 12 of 2009
(2) Where any officer in the public service is temporarily
appointed to the staff of the Institute, the provisions of
subsection (2) of section 14 of the National Transport
Commission Act, No. 37 of 1991, shall, mutatis mutandis,
apply to and in respect of such officer.
(3) Where any officer in the public service is permanently
appointed to the staff of the Institute, the provisions of
subsection (3) of section 14 of the National Transport
Commission Act, No. 37 of 1991, shall, mutatis mutandis,
apply to and in respect of such officer.
(4) Where the Board employs any person who has agreed
to serve the Government for a specified period, any period of
service to the Institute by that person shall be regarded as
service to the Government for the purpose of discharging the
obligations of such agreement.
(5) At the request of the Board, any member of the Local
Government Service or any officer or servant of a local
authority may, with the consent of such member, officer or
servant and the Local Government Service Commission or
the local authority, as the case may be, be temporarily
appointed to the staff of the institute for such period as may
be determined by the Board or with like consent, be
permanently appointed to such staff on such terms and
conditions, including those relating to pension or provident
fund rights, as may be agreed upon by the Institute and the
Local Government Service Commission or the local authority,
as the case may be.
(6) At the request of the Board any officer or servant of a
public corporation may, with the consent of such officer or
servant and the governing body of such public corporation,
be temporarily appointed to the staff of the Institute for such
period as may be determined by the Board or with like
consent be permanently appointed to such staff on such terms
and conditions, including those relating to pension or
provident fund rights, as may be agreed upon by the Board
and the governing body of such public corporation.
10 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
(7) Where any person is temporarily appointed to the staff
of the Institute under subsection (5) or (6) of this section,
such person shall be subject to the same disciplinary control
as any other member of such staff.
PART III
FINANCE
Fund of the 11. (1) The Institute shall have its own Fund to which
Institute. shall be credited—
(a) all such sums of money as may be voted from time
to time by Parliament for the purposes of the
Institute;
(b) the balance sum remaining from money received by
the Institute in the exercise, performance and
discharge and performance of its powers, functions
and duties under this Act, after crediting an amount
to the Staff Development Fund established under
section 12;
(c) all such sums of money as may be received by the
Institute by way of grants, gifts or donations from
any source whatsoever, whether within or outside
Sri Lanka; and
(d) all such sums of money as are transferred to the Fund
under paragraph (a) of subsection (2) of section 30
of this Act.
(2) There shall be paid out of the Fund such sums of money
required to defray all expenditure incurred by the Institute in
the exercise, performance and discharge of its powers, duties
and functions under this Act.
Staff 12. (1) The Board may establish a Staff Development
Development Fund for the purpose of improving the skills and knowledge
Fund.
of the staff of the Institute.
The Sri Lanka Institute of Textile and Apparel 11
Act, No. 12 of 2009
(2) There shall be paid annually into the Staff
Development Fund, such percentage of the income received
by the Institute, in the exercise, discharge and performance
of its powers, duties and functions under this Act, as shall be
determined by the Board.
(3) The Board shall be responsible for the proper
administration and maintenance of the Staff Development
Fund, and cause such Fund to be audited annually and the
provisions of Article 154 of the Constitution relating to the
audit of accounts shall apply in respect of such audit.
13. The Institute may with the concurrence of the Borrowing
Minister and the Minister in charge of the subject of Finance, powers of the
Institute.
borrow, by way of over-draft or otherwise or negotiate and
obtain on credit terms, such sums of money as the Institute
may require for the efficient exercise, discharge and
performance of its powers, duties and functions under this
Act:
Provided that the aggregate of the amounts outstanding
in respect of any amount borrowed by the Institute under this
section, shall not at any time exceed such sums as may be
determined by the Minister with the concurrence of the
Minister in charge of the subject of Finance.
14. (1) The financial year of the Institute shall be the Financial year
calendar year. and the audit of
accounts of the
Institute.
(2) The Board shall cause proper books of accounts to be
kept of the income and expenditure, assets and liabilities
and all other transactions of the Institute.
(3) The provisions of Article 154 of the Constitution
relating to the audit of accounts of shall apply to the audit of
accounts of the Institute.
15. The provisions of Part II of the Finance Act, No. 38 Application of
Part II of the
of 1971 shall mutatis mutandis, apply to and in respect of the Finance Act, No.
financial control and accounts of the Institute. 38 of 1971.
12 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
Board to prepare 16. The Board shall, at the end of each financial year,
an annual report publish a report of its activities during that year and submit
of its activities.
the same to the Minister for his approval. On being approved
by the Minister, such report shall be laid before Parliament.
PART IV
GENERAL
Entry and 17. (1) It shall be lawful for any officer or other
inspection of employee of the Institute specifically authorized in writing
buildings and
premises. in that behalf by the Board, at any reasonable time to enter
any building or premises for the purpose of carrying out any
inspection, investigation or recording of any data for the
purpose of exercising, performing or discharging any of its
powers, duties or functions under this Act.
(2) For the purpose of carrying out any inspection,
investigation or of recording any data under subsection (1),
consent to enter the building or premises shall be obtained
from the owner or the occupier or the person in charge of
such building or the premises, as the case may be.
(3) Where the consent required to be obtained under
subsection (2) is being unfairly refused, the Board may obtain
from the Magistrate having jurisdiction in the area in which
such building or premises, as the case may be, is situated, a
search warrant authorizing an officer named therein to enter
such building or the premises, as the case may be and to
carry out the required inspection, investigation or the
recording of the data.
(4) Every person who obstructs any officer or employee
of the Institute in the discharge of his duty under this section,
shall be guilty of an offence under this Act.
Power to require 18. (1) For the purpose of enabling the Institute to
information. exercise, perform and discharge any of its powers, duties
and functions under this Act, the Director-General, a Director
or any officer or employee authorized in writing in that behalf
The Sri Lanka Institute of Textile and Apparel 13
Act, No. 12 of 2009
by the Board, may by notice in writing, require any person to
furnish such information pertaining to any matter within his
knowledge relating to the textile and apparel industry and
which is specified in the notice issued or to produce any
document as shall be specified therein, within such period
as shall be specified in the notice.
(2) It shall be the duty of any person who is required by
notice to furnish any information or to produce any document
under subsection (1), to comply with those requirements
within the time specified in such notice, except where such
person is precluded from divulging such information under
the provisions of any law or where such information is not
within his knowledge or possession.
(3) Any information furnished or the contents of any
document produced in compliance with a notice issued under
subsection (1), shall not be published or communicated by
the Board to any other person, except with the consent of the
person furnishing such information or producing such
document, as the case may be, or in the course of the exercise,
performance and discharge of its powers, duties and functions
under this Act.
19. The Minister may from time to time issue such general Directions of the
or special directions in writing to the Board relating to the Minister.
exercise, performance and discharge of its powers, duties
and functions and it shall be the duty of the Board to give
effect to such directions.
20. (1) Where any immovable property is required to Acquisition of
be acquired for the Institute for any of its purposes and the immovable
property under
Minister approves of the proposed acquisition, the purpose the Land
for which such immovable property is required shall be Acquisition Act
deemed to be a public purpose within the meaning of the for the Institute.
Land Acquisition Act (Chapter 460) and may accordingly
be acquired for the Institute under that Act, and the
provisions of that Act shall apply in respect of such acquisition.
14 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
(2) Any sum payable for the acquisition of any immovable
property for the Institute under subsection (1), shall be paid
by the Institute.
State property 21. (1) Where any immovable property of the State is
both movable required for any purpose of the Institute, such purpose shall
and immovable
be deemed to be a purpose for which a special grant or lease
to be made
available to the of such property may be made under section 6 of the Crown
Institute. Lands Ordinance (Chapter 454) and accordingly the
provisions of that Ordinance shall apply to a special grant or
lease of such property to the Institute.
(2) Where any movable property of the State is required
for any purpose of the Institute, the Minister may with the
concurrence of the Minister having control over such
property, by Order published in the Gazette, transfer to and
vest in the Institute the possession and use of such movable
property.
Expenses 22. Any expense incurred by the Institute, a member of
incurred to be the Board, the Director-General, a Director or any officer or
paid out of the
Fund. employee of the Institute in any suit or prosecution brought
against the Institute or such person before any court, in respect
of any act which is done by the Institute or such person under
this Act or on the direction of the Board, shall, if the court
holds that such act was done in good faith, be paid out of the
Fund of the Institute, and any cost paid to or recovered by the
Institute or by any person referred to in this section, shall be
credited to the Fund of the Institute.
No writ to be 23. No writ shall be issued against a person or property
issued against a of any member of the Board, the Director-General, a Director
member etc.
or any officer or employee of the Institute, in any action
brought against the Institute.
Offences. 24. Every person who —
(a) fails to furnish any information or produce any
document, when required to do so under section 18
of this Act ;
The Sri Lanka Institute of Textile and Apparel 15
Act, No. 12 of 2009
(b) knowingly makes any false statement in any
information furnished by him ; or
(c) acts in contravention of any provisions of this Act
or any regulation or rule made thereunder,
shall be guilty of an offence under this Act, and on conviction
after summary trail before a Magistrate, be liable to a fine not
exceeding five hundred rupees or to imprisonment for a
period not exceeding six months or to both such fine and
imprisonment.
25. The Institute shall be deemed to be a Scheduled Institute
deemed to be
Institution within the meaning of the Bribery Act (Chapter a scheduled
27) and the provisions of that Act shall be construed institution
within the
accordingly. meaning of
the Bribery
Act.
26. All members of the Board, the Director-General, the Members,
Director-
Directors and all officers and employees of the Institute shall General,
be deemed to be public servants within the meaning and for Directors,
officers and
the purposes of the Penal Code (Chapter 19). employees of
the Institute
deemed to be
public servants.
27. (1) Subject to the provisions of this Act, the Board Rules.
may make rules in respect of all matters for which rules are
authorized or required to be made under this Act.
(2) Every rule made be the Board shall be approved by
the Minister and be published in the Gazette and shall come
into operation on the date of its publication or on such later
date as may be specified therein.
28. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case of
inconsistency.
prevail.
16 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
Interpretation. 29. In this Act, unless the context otherwise requires —
“local authority” means any Municipal Council, Urban
Council or Pradeshiya Sabha and includes any
authority created or established by or under any
law to exercise, perform and discharge, powers,
duties and functions corresponding to or similar
to the powers, duties and functions exercised,
performed and discharged by any such Council or
Sabha;
“Provincial Council” means a Provincial Council
established under Chapter XVIIA of the
Constitution ; and
“textile and apparel industry” includes footwear and
any other industries associated or connected with
or related to, the textile and the apparel industry.
PART V
REPEALS AND SAVINGS
Repeal of Act 30. (1) The Clothing Industry Training Institute Act,
No. 3 of
No. 3 of 1984 and the Textile Training and Services Centre
1984 and Act
No. 4 of Act, No. 4 of 1984 are hereby repealed.
1984.
(2) Notwithstanding the repeal of the Acts referred to in
subsection (1) —
(a) any monies remaining in the Fund established by
section 22 of the Clothing Industry Training Institute
Act, No. 3 of 1984 and in the Fund established by
section 23 of the Textile Training and Services Centre
Act, No. 4 of 1984, on the day immediately preceding
the appointed date, shall with effect from the
appointed date, stand transferred to the Fund of
the Institute established under section 11 of this
Act;
The Sri Lanka Institute of Textile and Apparel 17
Act, No. 12 of 2009
(b) all debts, obligations, assets and liabilities incurred
and all contracts, deeds, bonds and agreements
entered into, and all matters and things required to
be done by, with or on behalf of the Clothing
Industry Training Institute or the Textile Training
and Services Centre, on the day immediately
preceding the appointed date, shall with effect from
the appointed date, be deemed to have been
incurred, executed, entered into or engaged to be
done by, with or on behalf of the Institute ;
(c) all officers and employees of the Clothing Industry
Training Institute and the Textile Training and
Services Centre who are in employment on the day
immediately preceding the appointed date, and who
are offered employment in the Institute, and who—
(i) accept such offer of employment, shall on with
effect from the appointed date be employed
in the Institute on such terms and conditions
as are not less favourable than the terms and
conditions of employment that were
applicable to them on the date of acceptance
of such offer ; or
(ii) do not accept such offer of employment, shall
with effect from the appointed date be entitled
to the payment of such retirement benefits as
may be determined by the Minister, in
consultation with the Minister in charge of
the subject of Labour ;
(d) all suits, prosecutions, appeals or other legal
proceedings which have been instituted in any court
or tribunal by or against the Clothing Industry
Training Institute or the Textile Training and
Services Center, as the case may be, and pending
before such court or tribunal on the day immediately
preceding the appointed date, shall with effect from
the appointed date be deemed to have been
instituted by or against the Institute, and may be
continued accordingly ;
18 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
(e) all decrees, orders and judgments entered or made
by a competent court or tribunal in favour of or
against the Clothing Industry Training Institute or
the Textile Training and Services Centre, as the case
may be, and remaining unsatisfied on the day
immediately preceding the appointed date, shall
with effect from the appointed date be deemed to
have been made in favour of or against the Institute
and may be enforced accordingly ;
(f) all property both movable and immovable which is
vested in or legally purchased or acquired by or
leased to or placed at the disposal of or in any other
manner transferred to the Clothing Industry Training
Institute or the Textile Training and Services Centre,
as the case may be, and is in their possession or
control on the day immediately preceding the
appointed date, shall with effect from the appointed
date, vest in the Institute subject to the terms and
conditions appertaining, attaching or applicable
thereto, as at that date ; and
(g) every rule made by the Board of Governors of the
Clothing Industry Training Institute and the Board
of Governors of the Textile Training and Services
Centre, and in force on the appointed date and which
are not inconsistent with the provisions of this Act
or any regulations or rules made thereunder, shall
with effect from the appointed date be deemed to be
rules made under this Act and may accordingly be
amended or rescinded by any rules made under this
Act.
The Sri Lanka Institute of Textile and Apparel 19
Act, No. 12 of 2009
SCHEDULE [Section 3(3)]
PROVISIONS RELATING TO THE MEMBERS OF THE BOARD
1. A person shall be disqualified from being appointed or continuing
as a member of the Board, if he—
(a) is or becomes a Member of Parliament, any Provincial Council
or of any local authority ;
(b) directly or indirectly holds or enjoys any right or benefit
under any contract made by or on behalf of the Institute ;
(c) is under any law in force in Sri Lanka or in any other country,
found or declared to be of unsound mind ;
(d) is a person who having been declared an insolvent or a
bankrupt under any law in force in Sri Lanka or in any other
county, is an undischarged insolvent or bankrupt ; or
(e) is a person who has been convicted of any offence by any
court in Sri Lanka or any other country.
2. Every appointed member of the Board shall, unless he vacates
office earlier by death, resignation or removal, hold office for a period
of three years from the date of his appointment and shall be eligible for
reappointment.
3. Any appointed member of the Board may resign from his office
at any time by letter addressed in that behalf to the Minister and such
resignation shall take effect upon it being accepted by the Minister.
4. The Minister may if he considers it expedient to do so, remove
from office any appointed member of the Board, for reasons assigned.
5. In the event of the death, resignation or removal from office of
any appointed member, the Minister may, having regard to the
provisions of paragraph (b) of subsection (1) of section 3, appoint
another person to succeed such member. A person so appointed shall
hold office for the unexpired period of the term of office of the member
whom he succeeds.
6. Where any appointed member of the Board is temporarily unable
to perform the duties of his office due to ill health or absence from Sri
Lanka or for any other reason, the Minister may, having regard to the
provisions of paragraph (b) of subsection (1) of section 3, appoint
another person to act in his place.
20 The Sri Lanka Institute of Textile and Apparel
Act, No. 12 of 2009
7. No act, decision or proceeding of the Board shall be invalidated
by reason only of the existence of a vacancy among its members or any
defect in the appointment of a member thereof.
8. The members of the Board may be paid such remuneration out
of the Fund of the Institute as may be determined by the Minister, with
the concurrence of the Minister in charge of the subject of Finance.
9. (1) The Chairman shall preside at all meetings of the Board and
in the absence of the Chairman, the members present at such meeting
shall elect one of the members present to preside at such meeting.
(2) All questions for decision at any meetings of the Board shall be
decided by the vote of the majority of members, and in case of an
equality of votes on any matter to be decided at a meeting of the Board,
the member presiding at such meeting shall in addition to his vote,
have a casting vote.
(3) The quorum for any meeting of the Board shall be five members.
(4) Subject to the preceding provisions of this paragraph, the Board
may make rules regulating the procedure to be followed at meetings of
the Board and for the transaction of business at such meetings.
10. (1) The seal of the Institute shall be as determined by the Board.
(2) The seal of the Institute —
(a) shall be in the custody of such person or persons as the
Board may from time to time determine ;
(b) may be altered in such manner as may be determined by the
Board ; and
(c) shall not be affixed to any instrument or document except in
the presence of two members of the Board, both of whom
shall sign the instrument or document in token of their
presence.
(3) The Board shall cause to be maintained a Register of all the
instruments or documents to which the seal of the Institute has been
affixed.

The Sri Lanka Institute of Textile and Apparel 21
Act, No. 12 of 2009
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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