amendment-date=”13/Jan/1984″ year=”1984″ no=”4″>Textile Training And Services Centre

amendment-date=”13/Jan/1984″ year=”1984″ no=”4″>Textile Training And Services Centre
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A TEXTILE TRAINING AND SERVICES CENTRE AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

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 Textile Training and Services Centre Act, No. 4 of 1984.

PART I
ESTABLISHMENT OF THE TEXTILE TRAINING AND SERVICES CENTRE
Establishment of the Textile Training and Services Centre.

2.

(1) There shall be established a Centre which shall be called the Textile Training and Services Centre (herein after referred to as the ” Centre “) and which shall consist of the members of the Board of Governors appointed under section 6 and such number of other persons as may be admitted by the Board of Governors from time to time to be members of the Centre.

(2) The Centre 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.

Objects and functions of the Centre.

3. The objects for which the Centre is established shall be the promotion and development of technical processes and management skills within the textile industry, and in particular

(a) to foster, assist, encourage and co-operate in textile research;

(b) to offer technical and economic consultancy services in industrial units in the textile sector ;

(c) to carry out investigations and research relating to institutional factors affecting the development of the textile industry;

(d) to promote professional ability of workers and executives by providing or implementing training facilities and programmes relating to the textile industry and the field of study of textile manufacture and to award diplomas, degrees, prizes and distinctions in connection therewith;

(e) to sponsor and hold conferences and seminars and publish journals and magazines relating to textile research and training;

(f) to render advice on any matter that may be referred to the Centre for advice by the Minister;

(g) to co-operate with other research institutes of similar nature in the field of textile industry; and

(h) to study specific technical problems of textile industrial units and render necessary guidance and advice.

Powers of the Centre.

4. The Centre shall have such powers as may reasonably be necessary to carry out its objects and duties and in particular may

(a) acquire in any manner and hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any movable or immovable property;

(b) acquire, establish, instal and operate field training centres and pilot projects relating to the textile industry;

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

(d) conduct, assist, co-ordinate and encourage research into all aspects of the textile industry;

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

(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 Centre;

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

(j) enter into any land or premises for the purpose of carrying out investigations and recording data, inspecting books and documents and taking copies or extracts therefrom which in the opinion of the Board of Governors are necessary for the attainment of the objects of the Centre; and

(k) do all such other things which in the opinion of the Board of Governors are necessary for or conducive or incidental to the attainment of the objects of the Centre.

Centre to exercise its powers under the directions of the Minister.

5. In the exercise of its powers and the carrying out of its objects, the Centre shall comply with the general policy of the Government in relation to the textile industry and with any general or special directions issued by the Minister in relation to such policy.

Constitution of the Board of Governors.

6. The Centre shall have a Board of Governors (herein after referred to as the ” Board “) consisting of the following persons appointed by the Minister:

(a)

(i) the Secretary to the Ministry of the Minister ; or

(ii) any other officer of the Ministry of the Minister,

who shall be the Chairman of the Board;

(b) an officer of Ministry of the Minister in charge of the subject of Industries and Scientific Affairs, nominated by such Minister;

(c) an officer of the Ministry of the Minister in charge of the subject of Higher Education nominated by such Minister;

(d) a representative of the Garment Exporters’ Association ;

(e) a representative of the Cotton Textile Manufacturers’ Association;

(f) a representative of the Hosiery Manufacturers’ Association;

(g) a representative of the Textile Printers’ Association :

(h) a representative of the Handloom Industry;

(i) the President of the Textile Institute (Sri Lanka Section) ; and

(j) three other members.

Disqualification from membership.

7. A person shall be disqualified from being appointed or continuing as a member of the Board

(a) if he is or becomes a Member of Parliament;

(b) if he directly or indirectly holds or enjoys any right or benefit under any contract made by or on behalf of the Centre ; or

(c) if he has any such financial or other interest as is likely to prejudicially affect the discharge by him of bis functions as a member of the Board.

Period of office of members.

8. Every member of the Board other than the Chairman, where the Chairman is the Secretary to the Ministry of the Minister, and the member appointed under paragraph (i) of section 6, shall unless he vacates office earlier by death, resignation or removal, hold office for a term of three years and shall be eligible for re-appointment.

Death, resignation and removal of members.

9.

(1) Any member of the Board may at any time resign his office by letter to that effect addressed to the Minister.

(2) The Minister may, if he considers it expedient to do so, remove from office by Order published in the Gazette, any member of the Board without assigning any reason therefor and such removal shall not be called in question in any court;

Provided, however, that no member shall be removed under this subsection except in consultation with the Minister in consultation with whom such member was appointed or the authority nominating such member.

(3) In the event of the death or the vacation of office by any member of the Board or his removal from office under the provisions of the preceding subsections, the Minister may appoint another person in like manner as such member was appointed in accordance with the provisions of section 6. Any person appointed in place of such member shall hold office during the unexpired part of the term of office of the member whom he succeeds.

(4) If any member of the Board is temporarily unable to perform the duties of his office during any period due to ill health or absence from Sri Lanka or for any other cause, the Minister may appoint some other person to act in his place during such period in like manner as such member was appointed in accordance with the provisions of section 6.

(5) The provisions of subsections (1), (2), (3) and (4) of this section shall not apply to the Chairman, where the Chairman is the Secretary to the Ministry of the Minister and to the member appointed under paragraph (i) of section 6.

Acts not invalidated by reason of a vacancy.

10. No act or 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.

Remuneration of the members of the Board.

11. The members of the Board may be paid such remuneration out of the Fund of the Centre for attending meetings of the Board with the concurrence of the Minister in charge of the subject of Finance as may be determined by the Minister.

Meetings of the Board.

12. The Board may make rules in respect of the meetings of the Board and the quorum therefor and for the procedure to be followed at such meetings.

Delegation of powers.

13.

(1) The Board may delegate to the Chairman or any other member of the Board or to the Director of the Centre or to any employee thereof 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 and perform the powers and duties so delegated subject to the general or special directions of the Board.

Vice-Chairman of the Board.

14.

(1) The Minister may, in consultation with the Chairman, appoint a Vice-Chairman from among the members appointed by him under 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, the member appointed by the Minister to act in place of the Chairman or Vice-Chairman shall preside at meetings of the Board.

(3) Where there is 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 second or casting vote.

Board to administer the affairs of the Centre.

15. The Board shall administer the affairs, exercise the powers, and perform the duties of the Centre.

Rules of the Board.

16. The Board may make rules for the admission and registration of persons as members of the Centre, for the disciplinary control of members and for their removal from membership.

PART II
APPOINTMENT OF THE DIRECTOR OF THE CENTRE AND OTHER OFFICERS AND SERVANTS OF THE CENTRE
Director of the Centre.

17.

(1) The Minister in consultation with the Board shall appoint to the staff of the Centre a Director, subject to such terms and conditions as may be determined by him, who shall be the chief executive officer of the Centre. The remuneration of the Director shall be determined by the Minister in consultation with the Minister in charge of the subject of Finance.

(2) The Director shall exercise, perform and discharge such powers, functions and duties delegated to him by the Board.

(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.

Powers of the Board in regard to appointments to the staff of the Centre.

18.

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

(a) appoint, dismiss and exercise disciplinary control over the staff of the Centre;

(b) fix the wages, salaries or other remuneration of the staff;

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

(d) establish and regulate provident funds and schemes for the benefit of such staff and make contributions to any such fund or scheme.

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

Appointment of public officers & c, to the staff of the Centre.

19.

(1) At the request of the Board any officer in the public service may, with the consent of that officer and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Centre for such period as may be determined by the Board with like consent, or with like consent be permanently appointed to such staff.

(2) Where any officer in the public service is temporarily appointed to the staff of the Centre, the provisions of sub section (2) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(3) Where any officer in the public service is permanently appointed to the staff of the Centre, the provisions of sub section (3) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(4) Where the Centre employs any person who has agreed to serve the Government for a specified period, any period of service to the Centre 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 other officer or servant of a local authority, may, with the consent of such member, officer or servant and Local Government Service Advisory Board or the local authority, as the case may be, be temporarily appointed to the staff of the Centre for such period as may be determined by the Board with like consent, 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 Local Government Service Advisory Board or that local authority.

(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 the public corporation, be temporarily appointed to the staff of the Centre for such period as may be determined by the Board with like consent, 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 the public corporation.

(7) Where any person is temporarily appointed to the staff of the Centre in pursuance of subsection (5) or (6), such person shall be subject to the same disciplinary control as any other member of such staff.

Officers and servants of the Centre deemed to be public servants.

20. All officers and servants of the Centre shall be deemed to be public servants within the meaning and for the purposes of the Penal Code.

Centre deemed to be a scheduled institution within the meaning of the Bribery Act.

21. The Centre 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.

PART III
FINANCE
Capital of the Centre.

22.

(1) The initial capital of the Centre shall be as such amount as may be made available to the Centre 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 Centre may be increased from time to time by such amount as may be determined by the Centre with the approval of the Minister given with the concurrence of the Minister in charge of the subject of Finance.

Fund of the Centre.

23.

(1) The Centre shall have its own Fund.

(2) There shall be paid into the Fund all such sums of money as may be received by the Centre by way of

(a) payments required to be made into such Fund by or under this Act;

(b) fees collected from members on registration; and

(c) fees charged for services rendered or provided by the Centre.

(3) There shall be paid out of the Fund of the Centre, all such sums of money required to defray any expenditure incurred by the Centre in the exercise, performance and discharge of its powers, duties and functions.

Financial year.

24. The financial year of the Centre shall be the calender year.

Audit of accounts.

25.

(1) 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 Centre.

(2) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the Centre.

PART IV
GENERAL
Annual report.

26. The Board shall annually prepare a report of the work of the Centre.

Acquisition of immovable property under the Land Acquisition Act for the Centre.

27.

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

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

Property of the Republic both movable and immovable to be made available to the Centre.

28.

(1) Where any immovable property of the State is required for any purpose of the Centre, 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 Crown Lands Ordinance, and accordingly the provisions of that Ordinance shall apply to a special grant or lease of such property to the Centre.

(2) Where any movable property of the State is required for any purpose of the Centre, the Minister may with the consent of the Secretary to the Ministry or the Head of the Department to which such property belongs or which was in possession of such property by Order published in the Gazette, transfer to and vest in the Centre the possession and use of such movable property.

The Government to make available premises, &;c., for the use of the Centre.

29. The Government shall provide for the use of the Centre such land, building and other facilities as may be deemed necessary for the Centre.

Protection for action taken under this Act or on the direction of the Board.

30.

(1) No suit or prosecution shall lie

(a) against the Centre for any act which in good faith is done or purported to be done by the Centre under this Act; and

(b) against any member, officer, servant or agent of the Centre for any act which in good faith is done or purported to be done by him under this Act or on the direction of the Board.

(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 Fund of the Board.

No writ to issue against person or property of a member of the Centre.

31. No writ against person or property shall be issued against any member of the Centre in any action brought against the Centre.

Power of Board or any member thereof or any employee acting under its authority to enter into any land or premises.

32. It shall be lawful for the Board or any member of the Board or any officer or employee of the Centre acting under the authority of the Board to enter into or upon any land or premises for inspection, investigation and recording data.

Any person who prevents or obstructs the Board or any member or authorised employee to be guilty of an offence.

33. Any person who prevents or obstructs the Board or any member of the Board, or any officer or employee authorized by the Board in carrying out any such entry, investigation or inspection as is referred to in section 32 shall be guilty of an offence under this Act.

Power to acquire information.

34.

(1) For the purpose of enabling the Centre to exercise, perform and discharge any of its powers, duties and functions under sections 3 and 4, the Chairman of the Board, a member, the Director of the Centre or any officer or employee authorized in that behalf by the Board may by notice in writing require 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 in the textile industry or connected with or incidental thereto, 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 under subsection (1) to comply with such requirement within the time specified in such notice, except where such person is precluded from divulging such information under the provisions of any law.

(3) 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.

Penalty for offences.

35. Every person who commits an offence under this Act shall on conviction after summary trial before a Magistrate be liable to imprisonment of either description for a period not exceeding six months or to a fine not exceeding five hundred rupees or to both such fine and imprisonment.

Power of Minister to give special or general directions to the Board.

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

Power of the Board to make rules.

37.

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

(2) A rule made by the Board under subsection (1) shall not have effect until it is approved by the Minister and is published in the Gazette.