PLANTATION MANAGEMENT INSTITUTE

(1) There shall be established an Institute which shall be called the ” National Institute of Plantation Management” (hereinafter referred to as the ” Institute “), 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 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 plantation 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 encored all aspects of plantation 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) assess the eligibility of candidates for admission to various grades of membership and to conduct or provide for the conduct of the qualifying examination for all grades or membership of the Institute and to promote, provide or approve courses of study for such examination;

(k) ensure the maintenance of high standards in the professional activities and the general conduct of its members.

(l) promote investment in plantation management;

(m) undertake the collection and dissemination of data relating to plantations and plantation management, and to conduct research to ascertain the development potential of plantations ; and

(n) advise the Minister on appropriate policies relating to plantation management and to co-ordinate with other relevant agencies.

(1) the Institute shall have a Board of Governors (hereinafter referred to as the ‘”Board”) consisting of

(2)

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

(4)

(1) Every member appointed under paragraph (b) of subsection (1) of section 6, shall, unless he vacates office earlier by death, resignation or removal, hold office for a period of three years.

(2) Every ex officio member of the Board shall hold office as long as he holds the post by virtue of which he was appointed a member of that Board.

(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, for reasons assigned :

Provided however a member appointed under sub-paragraph (iv) of paragraph (b), may be removed only with the concurrence of the Minister in charge of the subject of Finance.

(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 power 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) No person shall be enrolled as a member of the Institute under section 4,

(2) The Board shall disenrol any person who is a member of the Institute, if he becomes subject. to any disqualification mentioned in paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) of this section:

Provided, however, that such disenrolment shall not prevent the Board from subsequently re-enrolling such person if satisfied that he is fit to be a member.

(1) The Board may disenrol any individual who is a member of the Institute, as a member, if satisfied that he is unfit to be a member by reason that he has been guilty of professional misconduct.

(2) The disenrolment of any member under subsection (1) shall not prevent the Board from subsequently re-enrolling that member, if satisfied that he is fit to practise the profession of a member.

(3) For the purpose of this Act

shall be deemed to be professional misconduct.

(1) The Board shall not, under section 15B disenrol any member unless a Disciplinary Committee has, after inquiry made a report to the Council that the member has been guilty of professional misconduct.

(2) Where the Board has reasonable cause to believe, whether upon complaint made to it or otherwise, that any member of the Institute has been guilty of professional misconduct, the Board may appoint a Disciplinary Committee for the purpose of holding an inquiry into the conduct of that member.

(3) The provisions of the Schedule to this Act shall apply in relation to the constitution of and the procedure to be followed by Disciplinary Committees appointed under this section, the proceedings at, inquiries held by such Committees and the powers exercisable by such Committees.

(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 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.

(4) The Board may appoint to the staff of the Institute such other officers and servants as may be necessary for the purpose 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 13 of the Transport Board Law 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 subsection (3) of section 13 of the Transport Board Law shall mutatis mutandis, apply to and in relation to such officer.

(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 or officer or servant and the Local Government Service Advisory Board or that 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) Where any member of the Local Government Service or any officer or servant of any local authority is appointed temporarily or permanently under subsection (5) 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 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, the purpose for which a 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 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, 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 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 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 matters for which rules are authorized or required by this Act to be made.

(2) Without prejudice to the generality of the powers of subsection (1), the Board may make rules in respect of all or any of the following matters:

(3) A rule made by the Institute under this section shall not have effect until it is approved by the Minister and is published in the Gazette.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of the Act.

(2) Every regulation made by the Minister under subsection (1) 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 such regulation.

(3) Every regulation made by the Minister under subsection (1), shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any such regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done there under. Notification of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette.