AGRARIAN RESEARCH AND TRAINING INSTITUTE

(1) There shall be established an Institute which shall be called the Hector Kobbekaduwa Agrarian Research and Training Institute (hereinafter referred to as the ” Institute “), and which shall consist of the persons who are for the time being members of the Institute under section 6.

(2) The Institute shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) The members of the Board of Governors shall be the members of the Institute.

(1) The general objects of the institute shall be-

(2) It shall be the duty of the Institute to advise the Minister on any or all of the matters referred to in subsection (1) and on any other matter that may be referred to the Institute for advice by the Minister.

(a) 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;

(b) acquire, establish, install and operate field training centres and pilot projects relating to agrarian research;

(c) import plant, machinery and equipment required for the purpose of the Institute and receive equipment, funds, personnel and any other assistance for the efficient conduct of the Institute ;

(d) conduct, assist, co-ordinate and encourage research into all aspects of agrarian development .

(e) levy fees or charges for any services rendered by the Institute;

(f) appoint, employ, remunerate and exercise disciplinary control over its officers and servants;

(g) establish and maintain provident funds and provide welfare and recreational facilities for its employees;

(h) make rules in respect of the administration of the affairs of the Institute;

(i) delegate to any member, the Director of the Institute, or any employee such functions as the Board of Governors may consider necessary for the efficient transaction of its business;

(j) make rules in relation to its officers and servants including the appointment, promotion, remuneration, disciplinary control, conduct and the grant of leave;

(k) enter any land or premises for the purpose of carrying out investigations and recording data, inspection of books and documents and taking copies or extracts therefrom, relating to agricultural development; and

(l) do all other things which in the opinion of the Board of Governors are necessary or conducive or incidental to the attainment of the objects of the Institute.

(1) by the repeal of subsection (1) of that section and the substitution therefor of the following subsection :-

(2) A person shall be disqualified for being appointed, or for continuing, as a member of the Board”

(3)

4

(1) The Minister may, if he considers it expedient to do so, remove, by Order published in the Gazette, any member of the Board appointed under paragraph (b) of subsection (1) of section 6 without reasons stated.

(2) A member of the Board in respect of whom an Order under subsection (1) is made by the Minister shall vacate his office on the date of the publication of such Order in the Gazette.

(3) The removal of any member under subsection (1) shall not be called in question in any court.

(1) The Board may delegate to the Chairman or any other member or the Director of the Institute or any employee of the Board any of its powers and duties.

(2) The Chairman, other member, the Director or employee to whom any of the powers or duties of the Board have been delegated under subsection (1) shall exercise or perform the powers and duties so delegated subject to general or special directions of the Board.

(1) The Minister may in consultation with the Chairman, appoint a Vice-Chairman from among the members appointed by the Minister, under paragraph (b) of subsection (1) of section 6.

(2) The Chairman or in his absence the Vice-Chairman shall preside at meetings of the Board and in the absence of both the Chairman and the Vice-Chairman, from any such meeting, the members present shall elect one of the members present to preside at such meeting.

(3) Where there is an equality of votes on any matter or thing decided at a meeting of the Board the Chairman at such meeting shall in addition to his vote, have a second or casting vote.-

(1) The Minister may appoint to the staff of the Institute a Director who shall be the chief executive officer.

(2) The Director shall execute or perform such powers, functions and duties delegated to him.

(3) The Minister may remove from office the Director appointed under subsection (1) and such removal shall not be called in question in any Court.

(3A) Where at any time, a person removed from the office of Director under subsection (3), otherwise than on disciplinary grounds, is a person who had been permanently appointed to the staff of the Institute under subsection (3) of section 19-

(4) The Board may appoint to the staff of the Institute such other officers and servants as may be necessary for the purposes of the Institute.

(1) Subject to the other provisions of this Act, the Board may-

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

(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 charged with the subject of Public Administration, be temporarily appointed to the staff of the Institute for such period as may be determined by the Board with like consent or be permanently appointed to such staff.

(2) Where any officer in the public service is temporarily appointed to the staff of the Institute, the provisions of subsection (2) of section 9 of the Motor Transport Act, No. 48 of 1957* shall, mutatis mutandis, apply to and in relation to him. [* Repealed by Law No. 19 of 1978]

(3) Where any officer in the public service is permanently appointed to the staff of the Institute, the provisions of subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957* shall, mutatis mutandis, apply to and in relation to him. [* Repealed by Law No. 19 of 1978]

(4) Where the Institute employs any person who has entered into a contract with the Government by which he 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 contract.

(5) At the request of the Board any member of the Local Government Service or any other officer or servant of any local authority may, with the consent of such member, officer or servant and the Local Government Service Advisory Board or that 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 with like consent, or 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 Local Government Service Advisory Board or the local authority.

(6) Where any member of the Local Government Service or any officer or servant of any local authority is temporarily appointed to the staff of the Institute, he shall be subject to the same disciplinary control as any other member of such staff.

(1) Any officer or servant of a public Corporation may, with the consent of such officer or servant and the Board of public Directors of such Corporation, be temporarily or permanently appointed to the staff of the Institute on such terms and conditions, including those relating to provident fund rights, as may be agreed upon by the Board of Directors of that Corporation and the Board of Governors of the Institute.

(2) Where any person is appointed whether temporarily or permanently under subsection (1) to the staff of the Institute, he shall be subject to the same disciplinary control as any other member of such staff.

(1) The initial capital of the Institute shall be such as may be made available to the Institute by the Government on such terms and conditions as may be determined by the Minister in charge of the subject of Finance.

(2) The capital of the Institute may be increased from time to time by such amount as may be authorized by any Appropriation Act or by resolution of Parliament, and that amount shall be paid or made available to the Institute by the Government by way of grant or loan on such terms and conditions as may be determined by the Minister in charge of the subject of Finance.

(1) Where any immovable property is required to be acquired for any purpose of the Institute and the Minister, by Order published in the Gazette, approves of the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly be acquired under the Land Acquisition Act and be transferred to the Institute.

(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Institute shall be paid by the Institute.

(1) Where any immovable property of the State is required for the purpose of the Institute, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the State Lands Ordinance, 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 the purpose of the Institute, the Minister may, by Order published in the Gazette, transfer to and vest in the Institute the possession and use of such movable property.

(1) No Suit or prosecution shall lie-

(2) Any expense incurred by such person as is referred to in subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done by him under this Act or on the direction of the Board shall, if the court holds that the act was done in good faith, be paid out of the funds of the Board.

(1) The Institute may make rules in respect of all or any matter for which rules are authorized or required by this Act to be made.

(2) No rule made by the Institute shall have effect until it has been approved by the Minister.

(1) The Chairman of the Board, a member, the Director of the Institute or any employee authorized in that behalf by the Board, may request any person to furnish information with regard to any matter within his knowledge relating to any movable or immovable property used or intended to be used for agricultural development or connected or incidental thereto.

(2) Any person who fails, without reasonable cause, to comply with the provisions of subsection (1) or who furnishes information knowing such information to be false, shall be guilty of an offence under this Act.

(1) The Minister may give special or general directions in writing as to the performance of the duties and the exercise general of the powers of the Board, and the Board shall give effect to such directions.

(2) The Minister may from time to time direct the Board to furnish to him in writing such information as he may require relating to agricultural development in the Island.