Clothing Industry Training Institute

(1) There shall be established an Institute which shall be called the ” Clothing Industry 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.

(a) to promote the professional ability of workers and executives by providing or implementing training facilities and programmes relating to the clothing industry, and the fields of study of clothing manufacture and to award certificates, diplomas, degrees and prizes in connection therewith ;

(b) to foster and assist studies pertaining to the clothing industry;

(c) to offer technical and economic consultancy services to industrial units in the clothing industry ;

(d) to sponsor and hold conferences and seminars, and publish journals and magazines relating to clothing industry training;

(e) to co-operate with other institutes of similar nature in the field of clothing manufacture; and

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

(a) acquire and hold, take or give on lease or hire, mort- gage, 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 clothing industry;

(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 functioning of the Institute;

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

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

(f) provide welfare and recreational facilities for its employees;

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

(h) 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 ;

(i) enter into any land or premises for the purpose of carrying out investigations and recording of data, inspection of books and documents and taking copies or extracts therefrom, relating to the clothing industry which in the opinion of the Board of Governors are necessary for the attainment of the objects of the Institute ; and

(j) do all such 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.

(a)

who shall be the Chairman of the Board ; .

(b) an officer of the Ministry of the Minister in charge of the subject of National Apprenticeship 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 Garment Manufacturers’ Association ;

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

(g) the President, Textile Institute (Sri Lanka Section) ; and

(h) two other members one of whom shall be from the handloom industry.

(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 Institute ; or

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

(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 therefore 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 other infirmity or absence from Sri Lanka, 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 (g) of section 6.

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

(2) The Chairman, other member, the Director or employee to whom any of the powers, functions or duties of the Board has been delegated under subsection (1) shall exercise, perform or discharge the powers, functions or duties so delegated subject to the 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 him under section 6.

(2) If the Chairman or Vice-Chairman, is, by reason of ill health or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint one of the other members to act in his place.

(3) 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 under subsection (2) shall preside at meetings of the Board.

(4) Where there is an equality of votes on any matter to be 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 shall, in consultation with the Chairman of the Board, appoint to the staff of the Institute a Director who shall be the chief executive officer. The conditions of employment, including 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 as may be 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.

(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 the 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 deter mined 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 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 Institute, 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 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 with 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 a local authority, may, with the consent of such member, officer, or servant and the Local Government Service Advisory Board, 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 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 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 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 and provident fund rights, as may be agreed upon the Board and the governing body of public corporation.

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

(1) The initial capital of the Institute shall be one million and two hundred and fifty thousand rupees and shall be made available to the Institute by the Government on such terms and conditions as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(2) At the request of the Minister 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 such 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) The Institute shall have its own Fund.

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

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

(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 Institute.

(2) The provisions of Article 154 of the Constitution, relating to the audit of accounts of a public corporation shall apply to the audit of accounts of the Institute.

(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, 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 Institute.

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

(1) Where any immovable property of the State is required for any 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 Crown 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 any purpose of the Institute, the Minister may, with the concurrence of the Minister having control over such movable property, by Order published in the Gazette, transfer to and vest in the Institute the possession and use of such property.

(1) No suit or prosecution shall lie

(2) Any expenses 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 Institute.

(1) For the purpose of enabling the Institute to exercise, perform and discharge any of its powers, functions and duties under section 4 the Chairman of the Board, a member, the Director of the Institute or any employee authorized in that behalf by the Board, may, by notice in writing, require any person to furnish within such period as shall be specified in the notice all such information as may be specified in such notice.

(2) It shall be the duty of any person who is required to furnish any information by a notice under subsection (1) to comply with such requirement within such time as may be specified in the 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.

(4) The Chairman or a member of the Board, the Director of the Institute or any officer or employee of the Institute shall not disclose to any person or use any information acquired under the provisions of subsection (1) except when required to do so by a court of law or for the purposes of achieving the objects of the Institute.

(1) The Board may make rules in respect of all or any of the matters 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.