National Institute Of Social Development

National Institute Of Social Development

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL INSTITUTE OF SOCIAL DEVELOPMENT ; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : “

[17^th August
, 1992 ]

Short title.

1. This Act may be cited as the National Institute of Social Development Act, No. 41 of 1992, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette.

PART I

ESTABLISHMENT OF THE NATIONAL INSTITUTE OF SOCIAL DEVELOPMENT

Establishment of the National Institute of Social Development.

(1) There shall be established an Institute which shall be called the ” National Institute of Social Development ” (hereinafter referred to as ” the Institute “).

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

Objects of the Institute.

3. The objects of the Institute shall be to promote social work and social development education, and in particular to”

(a) advise the Minister regarding plans, programmes and activities for the development of social work and social development education ;

(b) conduct undergraduate and postgraduate courses in social work and social development;

(d) initiate and promote innovative practices in the social work and the social, development education system, inclining adaptation of technology;

(e) provide for the development of professional and managerial competence of personnel in the social welfare system ;

(f) make available to the Government and other approved organizations, specialist services in social work and social development; and

(g) co-operate with other institutions having similar objects.

Powers of the Institute.

(1) The Institute shall have the following powers : ”

(a) to acquire and hold, any property, movable or immovable and to sell, lease, mortgage, exchange or otherwise dispose of the same :

Provided, however, that no immovable property of the Institute shall be sold without the prior approval in writing, of the Minister ;

(b) to open and maintain, current, savings and deposit accounts, in any bank or banks ;

(d) to enter into and perform, all such contracts as may be necessary for the exercise of its powers, or the performance of its duties ;

(e) to invest any moneys belonging to the Institute including any unapplied income, in any security in which, under the provisions of section 20 of the Trusts Ordinance (Chapter 87) or of any other written law, it is lawful to invest trust moneys, or, to invest any such moneys in the purchase of immovable property in Sri Lanka or to vary such investments or to place in a fixed deposit in any bank, any portion of such moneys not required for immediate expenditure ;

(f) to initiate, promote, conduct and co-ordinate research, surveys and investigations in relation to any aspect of social work and social development;

(g) to conduct training courses and teaching programmes for officers and other personnel involved in social welfare ;

(h) to make grants, to any person or a team of persons or any recognized institute or institutions, for a specific research project or projects, related to social development ;

(i) to establish, equip and maintain centres, for the, purposes of study and training ;

(j) to erect, equip and maintain, for the purposes of the Institute, libraries and laboratories and to provide other services necessary for research and studies in social development;

(k) to enter into agreements for co-operation with educational or other institutions, whether in Sri Lanka or abroad, having objects wholly or partly similar to those of the Institute, for the exchange of personnel and students and generally, for such purposes as may be conducive to their common objects;

(l) to levy fees or charges for any service rendered by the Institute ;

(m) to make rules in respect of all matters which are required by this Act to be prescribed ; and

(n) to do all such other acts or things which in the opinion of the Institute are necessary for. or opinion of the Institute are necessary for, or objects.

Academic powers of the Institute.

5. Without prejudice to the generality of the powers conferred upon it by section 4, the Institute shall exercise, perform and discharge the following academic powers, functions and duties : ”

(a) to recognize the examinations passed, and periods of learning or study pursued, by persons seeking admission to, or by students of, the Institute, at Universities or places of learning, having regard to the standard of such examinations and the duration of the courses of study pursued at such Universities or places of learning, and to withdraw such recognition at any time, having regard to the same considerations ;

(b) to institute professorships and other academic posts as may be required for the purposes of the Institute ;

(d) to register, with the approval of the Minister, Colleges of Education and similar institutions of social development education as affiliated institutions and to prescribe by rule, the conditions for such registration.

Administration of Institute vested in the Council.

(1) The administration, management and control of the affairs of the Institute shall be vested in the Council of the Institute (hereinafter referred to as the ” Council “)

(2) The Council shall, for the purpose of administering the affairs of the Institute, exercise, discharge and perform, the powers, functions and duties conferred, assigned or imposed, on or to, the Institute by this Act.

(3) It shall be the duty of the Council to prepare, in accordance with regulations made in that behalf a five year plan of work, the annual plan and programme and the annual budget and shall submit such plans, programmes and the annual budget for approval by the Minister.

Constitution of the Council.

(1) The Council shall, consist of the following: ”

(a)ex-officio members namely”

(i) the Secretary to the Ministry of the Minister in charge of the subject of Social Welfare who shall be the Chairman (hereinafter referred to as ” the Chairman “) ; and

(ii) the Director-General of the Institute appointed under section 11 ; and

(b) other members, namely”

(i) a representative of the Ministry of the Minister in charge of the subject of Higher Education, appointed by the Minister ;

(ii) two representatives nominated by the University Grants Commission established by the Universities Act, No. 16 of 1978 ;

(iii) a representative of the Ministry of the Minister in charge of the subject of Finance, appointed by the Minister ; and

(iv) eight other persons appointed by the Minister from among persons with professional qualifications and experience in the fields of social work and social development.

(2) A person shall be disqualified from being appointed or from continuing, as a member of the Council, if he is, or becomes a Member of Parliament.

(3) Every member of the Council appointed under paragraph (b) of subsection (1) shall vacate office as such member”

(a) if he is removed from office by the Minister ; or

(b) if he resigns his office by letter addressed to the Minister and the resignation is accepted, in writing, by the Minister.

(4)

(a) Where a member of the Council appointed under paragraph (b) of subsection (1) dies or resigns or is removed from’ office, the Minister may appoint another person to be a member in place of the member who dies, resigns or is removed from office.

(b) Any member of the Council appointed under paragraph (a) of this subsection, shall, unless he earlier resigns or vacates his office by death or removal from office, hold office for the expired part of the term of office of the member whom he succeeds.

(5) Where a member of the Council appointed under paragraph (b) of subsection (1) is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily un able to perform the duties of his office, the Minister may appoint another person to act in his place.

(6) Subject to the provisions of subsection (9) every member appointed under paragraph (b) of subsection (1) shall, unless he vacates office earlier by death, resignation or removal, hold office for a period of four years from the date of his appointment to such office.

(7) Every ex officio member of the Council shall hold office as long as he holds the post by virtue of which he is a member of the Council.

(8) One-half of the members of the Council appointed under sub-paragraph (iv) of paragraph (b) of subsection (1) shall retire every second year.

(9) For the purpose of securing that one-half of the members at the Council appointed under sub-paragraph (iv) of paragraph (b) of subsection (1) shall retire every second year, the term of office of four of the members first appointed to the Council so specified by the Minister shall terminate at the expiry of a period of two years from the date of his appointment.

(10) Any member who vacates his office otherwise than by removal from office under subsection (3) shall be eligible for re-appointment.

(11) The members of the Council may be paid such remuneration out of the fund of the Institute, as may he determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

Seal of the Institute.

8. The seal of the Institute-

(a) shall be in the custody of such persons as the Council may from time to time determine ;

(b) may be altered in such manner as may be determined by the Council ; and

(c) shall not be affixed to any document except with the sanction of the Council and in the presence of a member of the Council who shall sign the document in taken of his presence.

Meetings of the Council.

(1) The Chairman or in his absence, the Director- General of the Institute shall preside at meetings of the Council. In the absence of both the Chairman and the Director-General, a member elected by the members pre sent shall preside at such meetings.

(2) The quorum for any meeting shall not be less than four members of the Council.

(3) All questions for decision at any meeting of the Council shall be decided by the vote of a majority of the members present. In the case of an equality of votes, the Chairman or any other member presiding at any meeting of the Council shall, in addition to his own vote, have a casting vote.

(4) Subject to the preceding provisions of this section, the Council may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

(5) No act or decision or proceeding of the Council shall be deemed to be invalid by reason only of the existence of a vacancy among its members or any defect in the appointment of a member thereof.

Constitution of the Academic Affairs Board.

10.

(1) There shall be an Academic Affairs Board of the Institute (hereinafter referred to as the “Board”).

(2) The Academic Affairs Board of the Institute shall consist of the following : ”

(a)ex offico members, namely”

(i) the Director-General of the Institute appointed under section 11 ;

(ii) members of the academic staff of the Institute, as decided by the Chairman ;

(iii) the Director-General of the National Institute of Education ;

(iv) one representative each from such universities of Sri Lanka as are prescribed by regulations made under this Act.

(3) Subject to the provisions of this Act, the Board shall be responsible for the academic affairs of the Institute.

(4) The Board shall be responsible for the conduct of examinations held by the Institute in accordance with the rules made in that behalf, and shall recommend to the Council, persons who, having passed the prescribed examinations and having satisfied other prescribed conditions, are eligible for the award of degrees, diplomas, certificates and other academic distinctions of the Institute.

(5) Without prejudice to the generality of the powers conferred on it by subsection (3), the Board shall exercise, perform and discharge, the following powers, duties and functions :”

(a) to advise the Council on all academic matters ;

(b) to consider and report on any matter referred to it by the Council ;

(c) to make recommendations and reports to the Council on matters connected with courses of study, teaching programmes and examinations, conducted or held, by the Institute ;

(d) to recommend to the Council, names of persons suitable for appointment as examiners at examinations held by the Institute ;

(e) to recommend to the Council, the institution, abolition or suspension, of professorships and other academic grades ;

(f) to recommend to the Council, conditions for the award of scholarships, medals and other prizes ;

(g) to recommend to the Council, the award of exhibitions and other prizes to such persons who have fulfilled the conditions approved by the Council, for the award of such scholarships, medals and prizes ; and

(h) to appoint with the permission of the Council, committees which may include persons other than the members of the Board.

(6) No decision in relation to any matter referred to in subsection (3) or (4) shall be made by the Council or any officer to whom any power, duty or function in relation to such matter has been delegated, unless the Board has been given an opportunity of recording and transmitting to the Council its recommendations in regard to such matter. Where the decision of the Council or such officer in regard to any such matter is contrary to the recommendation of the Board, the Council or such officer shall record its or his reasons for not following the recommendations of the Board.

PART II

APPOINTMENT OF THE DIRECTOR-GENERAL OF THE INSTITUTE AND STAFF OF THE INSTITUTE

Appointment of the Director-General of the Institute.

11.

(1) The Minister may appoint to the staff of the Institute, a Director-General (hereinafter referred to as the Director-General”) who shall be the principal executive officer and principal academic office of the Institute.

(2) The Director-General appointed under subsection (1) shall, unless he vacates office earlier by death, resignation, or removal, hold office for a period of four years from the date of his appointment.

(3) The Director-General shall, subject to the general direction of the Council, be charged with the administration of the affairs of the Institute and the control of the staff of the Institute. He shall also be responsible for the execution of all the decisions of the Council.

(4) The Director-General shall submit for the consideration of the Council, policies and measures considered by him to be necessary for the purpose of carrying out the objects of the Institute.

(5) The Director-General shall exercise or perform such powers or duties as may be delegated to him by the Council.

(6) The Director-General shall be entitled to present, speak and vote at any meeting of any Board or other body established by, or under this Act.

(7) The Minister may in writing remove the Director- General from office”

(a) if he becomes permanently incapable of performing his duties; or

(b) if he has done an act or a thing which in the opinion of the Minister is of a fraudulent or illegal character or is manifestly opposed to the objects of the Institute ; or

(8) The office of the Director-General shall become vacant upon the death, removal from office under subsection (7) or resignation by letter in that behalf addressed to the Minister, by the holder of that office.

(9) Unless removed (from office under subsection (7), any person who has been appointed as Director-General shall be eligible for re-appointment as Director-General.

(10) If any vacancy occurs in the office of the Director- General, the Minister may appoint a member of the Council to perform the duties of the office of Director-General until an appointment is made under subsection (1).

(11) The Director-General shall be the accounting officer of the Institute.

Staff of the Institute.

12.

(1) Subject to the provisions of this Act and any regulations made by the Minister the Council shall have the Minister ,

(a) to appoint such officers and servants of the Institute as may be necessary for the administration and management of the affairs of the Institute ;

(b) to determine the remuneration payable to the officers and servants so appointed and to exercise disciplinary control over them ; and

(2) The Council may delegate to the Director-General any of its powers, duties and functions.

(3) The Director-General to whom any power, duty or function has been delegated under subsection (1) shall exercise, perform and discharge such power, duty or function subject to the directions of the Council.

(4) The Council shall, notwithstanding any delegation made under subsection (2) have the power to exercise, perform and discharge the powers, duties and functions so delegated.

Service to the Institute deemed to be service to the Government for the purposes of certain contracts.

13. 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.

Appointment of public officers to the staff of the Institute.

14.

(1) At the request of the Council 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 determined by the Institute 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 Institute, the provisions of section 13(2) 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 section 13(3) of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(4) At the request of the Council, any officer, or servant of any Higher Educational Institution established under the Universities Act, No. 16 of 1978, may with the consent of that officer or servant, the University Grants Commission and the principal executive officer of that Higher Educational Institution, be temporarily appointed to the staff of the Institute for such period as may be determined by the Council with like consent or with like consent be permanently appointed’ to such staff, on such conditions including those relating to pension and provident fund rights as may be agreed upon by the Council and such principal executive officer.

PART III

FINANCE

Initial capital of the Institute.

15.

(1) The initial capital of the Institute shall be such sums as may be granted to the Institute for that purpose by resolution of Parliament.

(2) The capital of the Institute may be increased from time to time by such amounts as may be authorized by law or by any resolution of Parliament.

Fund of the Institute.

16.

(1) The Institute shall have its own fund.

(2) There shall be credited to the fund of the Institute”

(a) all such sums of money as may be voted from time to time by Parliament for the use of the Institute;

(b) all such sums of money as may be received by the Institute, in the exercise, discharge and performance of its powers, functions and duties; and

(c) all such sums of money as may be received by the Institute by way of loans, donations, gifts or grants from any source whatsoever, whether in or out side Sri Lanka.

(3) There shall be paid out of fund of the Institute”

(a) all such sums of money as are required to defray any expenditure incurred by the Institute in the exercise, performance and discharge of its powers, duties and functions under this Act ; and

(b) all such sums of money as are required to be paid out of such; fund, by or under, this Act.

Financial year of the institute.

17. The Financial year of the Institute shall be the calendar year.

Audit of Accounts.

18. The provisions of Article 154 of the Constitution relating to the audit of accounts of a public corporation shall apply in relation to the audit of the accounts of the Institute.

PART IV

GENERAL

Powers of minister in relation to the Council.

19.

(1) The Minister may, from time to time, give such general directions in writing to the Council as to the exercise of the powers, and the performance of the duties other than the exercise of any power or the performance of any duty referred to in section 10 (3) or section 10 (4) of this Act and the Council shall give effect to such directions.

(2) The Minister may, from time to time, order all or any of the activities of the Institute to be investigated and reported on by such person or person as he may specify and upon such order being made, the Council shall afford all such facilities and furnish all such information as may be necessary to carry out such order.

(3) The Minister may approve the five year plan of work, the annual plan and programme and the annual budget submitted to him by the Council, with or without amendments.

State property both movable and immovable to be made available to the Institute.

20.

(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 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 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 property :

Provided, however, that no Order affecting any movable property of the State shall be made under the preceding provisions of this section without the concurrence of the Minister having control over such property.

The State to make available premises, for the use of the. Institute.

21. The State may provide for the use of the Institute such land, building and other facilities as may be deemed necessary.

Council to submit a report of its activities.

22. The Council shall, before the expiry of a period of six months after the closure of each financial year of the Institute, transmit a report giving a full account of the activities of the Institute during that year to the Minister who shall cause copies thereof to be tabled in Parliament.

The Institute deemed to be a scheduled institution within the meaning of the Bribery Act

23. The Institute 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.

Members a employees of the Institute deemed to be public servants.

24. All members, officers and servants of the Institute shall be deemed to be public servants within the meaning and for the purposes of the Penal Code.

Protection of action taken under the Act.

25.

(1) No suit or prosecution shall lie”

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

(b) any member of the Council, officer, servant or agent of the Institute 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 Council.

(2) Any expense incurred by any 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 Council shall, if the court holds that the act was done in good faith, be paid out of the fund of the Institute.

Regulations.

26.

(1) Subject to the provisions of this Act, the Minister may make regulations for, and in respect of, all or any of the following matters : ”

(a) the terms and conditions of service, including remuneration, of the officers and servants of the Institute ;

(b) the schemes of recruitment, and procedure for appointment, of officers and servants of the Institute;

(d) the form of the five year plan of work, the annual plan and programme and the annual budget of the Institute, the manner in which such plan of work, annual plan and programme and budget is to be prepared ; and

(e) such other matters in respect of which regulations are authorized by this Act to be made or which are required to be prescribed.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

(3) Every regulation shall, as soon as convenient after publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything done thereunder.

(4) Notification of the date on which any regulation made by the Minister is so deemed to be rescinded, shall be published in the Gazette.

Sinhala text to prevail in case of inconsistency .

27. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.