Sri Lanka Council For Agricultural Research Policy

(1) The Council shall consist of not more than fourteen members appointed by the Minister as follows:

(2) The appointment of members to the Council in terms of paragraphs (d) and (e)” of subsection (1) of this section shall be made on the results of an election to be held among each group of directors and other persons referred to in each such paragraph in accordance with rules that shall be made by the Council.

(a) if he is a Member of Parliament, or a member of any local authority; or

(b) if he is not, or ceases to be, a citizen of Sri Lanka;

(c) if he is serving or has served a sentence of imprisonment imposed by any court in Sri Lanka or any other country.

(1) Every member of the Council other than the Secretary of the Council shall hold office for a period of three years unless he earlier vacates office by death, resignation or removal.

(2) Every member, other, than a member who is removed under subsection (3), is eligible for, re-appointment but in no case shall a member be appointed to serve three consecutive terms.

(3) The Minister may, if he deems it necessary, by Order published in the Gazette remove from office any member without assigning any reason therefor.

(4) Any member of the Council may, at any time, resign his office by letter in that behalf addressed to the Minister. A resignation under this subsection shall not take effect until the Minister intimates in writing to the member resigning office that his resignation has been accepted.

(5) If a member of the Council vacates office by death, resignation or removal from office” the Minister may, having regard to the provisions of section 4, appoint ‘another person in place of such member.

(6) A member appointed under subsection (5) shall hold office during the unexpired portion of the term of office of his predecessor.

(7) Where a member of the Council is, by reason of , illness, infirmity or absence from Sri Lanka for a period of not less than three months, temporarily unable to perform the duties of his office, he shall so .inform the Minister in writing, and the Minister may, having regard to the provisions of section 4, appoint another person to act in the place of such member. .

(1) The Chairman of the Council shall be elected by the members of the Council.

(2) If the Chairman of the Council is, due to illness, other infirmity or absence from Sri Lanka, unable .to perform the duties of his office the Council may appoint any other

(3) The Chairman may resign the office of Chairman by letter addressed to the Minister.

(4) The term of office of the Chairman shall be his term of office as member of the Council.

(5) The Chairman shall preside at all meetings of the Council. In the absence of the Chairman at any such meeting the members present shall choose one of their number to preside thereat. ‘

(6) The Chairman or the presiding, member at any meeting shall, in addition to his own vote, have a casting vote;

(1) The seal of the Council shall be in the custody of the Secretary of the Council and may be altered in such manner as may be determined by the Council.

(2) The seal shall not be affixed to any instrument or document except in the presence of the Chairman and the Secretary who shall sign such document or instrument in token of their presence.

(3) In the absence of either the Chairman or the Secretary, the seal may be affixed in the presence of two other members of the Council who shall sign the instrument or document in token of their presence.

(4) The Council shall maintain a register of instruments and documents to which the seal of the Council has been affixed.

(a) to advise the Government on all matters regarding the organization, co-ordination, planning and execution of agricultural research and such other related matters as may be referred to it by the Minister;

(b) to formulate national agricultural research policy and priorities;

(c) to define the overall aims and scope of agricultural research with a view to furthering national development objectives;

(d) to make recommendations to the appropriate authorities on the financial, manpower and physical resources required by agricultural research institutions and establishments and on the terms and conditions of service of the staff of such institutions and establishments;

(e) to review institutional and departmental agricultural research programmes and make recommendations with regard to their priorities and funding to the Ministry of the Minister in charge of the subject of Finance and Planning;

(f) to promote and facilitate excellence in agricultural research;

(g) to act as a channel of communication between agricultural research institutions and the Government ;

(h) to arrange for and fund inter-institutional agricultural research projects;

(i) to arrange for and fund special scientific services for the entire agricultural research sector;

(j) to promote linkage between agricultural research institutions at national and international level;

(k) organize conferences and seminars on international, national and inter-institutional issues relating to agricultural research;

(l) to arrange for. the post-graduate training of agricultural research staff and for. interchange of scientists with recognised research institutions abroad; and

(m) to review the performance of agricultural research projects, institutions. and divisions from time to time.

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

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

(c) to enter into all such contracts as may be necessary for the’ exercise, performance or discharge of its powers, duties or functions;

(d) to invest its funds in such securities as it may determine;

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

(f) to make rules in respect of the administration of the affairs of the Council;

(g) to delegate to any member, the Secretary or officer or servant of the Council, such functions as the Council may consider necessary for the efficient transaction of its business; and

(h) to make rules as to. the conduct of the meetings of the Councilor of any of its committees on matters not. specifically provide for in this Act.

(1) The Secretary of the Council shall be appointed by the Minister on the recommendation of the Council. Such recommendation shall not be necessary in’ the case of the appointment of the first Secretary.

(2) In the event of the vacation of office by the Secretary by reason of death, resignation or removal, or if the Secretary is, by reason of illness or other cause, unable temporarily -to. attend to his duties, the Council shall appoint a fit and proper person to act for him until a fresh appointment is made or until the Secretary resumes duties, as the case may be.

(3) Subject to the provisions of this Act, it shall be the duty of the Secretary to convene the meetings of the Council and to give effect to the decisions of the Council.

(4) The Council may delegate to the Secretary such powers, functions and duties of the Council as it considers necessary for the efficient transaction of its business.

(5) The Secretary shall be entitled to speak at any meeting of the Council or of any of its committees but shall not be entitled to vote at any such meeting.

(a) prepare and distribute the minutes of all meetings of the Council;

(b) prepare or cause to be prepared papers on subjects” elated to the work of the Council ;

(c) Maintain a register of persons engaged in agricultural research in all institutions and establishments concerned with agricultural research;

(d) prepare the budget of the Council in consultation with the Chairman ;

(e) assist institutions and establishments engaged in agriculture research in the development of methodologies for research programme formulation, project preparation, the monitoring and evaluation of research projects and programmes and in agricultural” research management;

(f) organise seminars, workshops and conferences on various aspects of agricultural research;

(g) draft terms of reference for review” teams and consultants engaged to review or evaluate any projects pertaining to agricultural research or any agricultural “research institutions or establishments ;

(h) assist in the publication of literature with regard to agricultural research and research funding and co-ordinate the activities of institutions publishing such literature; and

(i) make available audio-visual information relating to production.

(1) The Council may, subject to the provisions of this Act

(2) The Council may make rules in respect of all or any of the matters referred to in subsection (1). Rules made in respect of matters referred to in paragraph (d) of that subsection shall not be inconsistent with the provisions of the Employees Provident Fund Act, No. 15 of 1958 or any regulation made thereunder.

(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 Council for such period as may be determined by the Council with like consent, or, with like consent be permanently appointed to such staff;

(2) 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 any officer in the Public Service who is temporarily appointed to the staff of’ the Council and the provisions of subsection (3) of the aforesaid section 13 shall, mutatis mutandis, apply to, and in relation to any officer in the Public Service who is permanently appointed to such staff.

(3) At the request of the Council, any member of the Local Government Service or any officer ‘Or servant of any local authority may, with the consent of such member, officer or servant and the Local Government Service Commission or that Local authority, as the case may be, be temporarily appointed to the staff of the Council 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 terms and’ conditions including those relating to pension or provident fund rights, as may be agreed upon by the Council and the Local Government Service Commission or the local authority.

(4) Where any person is temporarily appointed to the staff of the Council in pursuance of subsection (3) such person shall be subject to the same disciplinary control as any other member of such staff.

(5) Where the Council employs any person who has agreed to serve the Government’ for a specified period, any’ period of service with the Council by that person shall be regarded as. service to the Government for the purpose of discharging the ‘Obligations of such agreement.

(6) Any officer or servant of a Public Corporation may, with the consent of such officer or servant and the governing body of such Corporation, be temporarily or’ permanently appointed to the, staff ‘of the Council, an such terms and conditions, including those relating to provident fund rights as may be agreed upon by the governing body ‘Of that Corporation and the Council.

(7) Where any person is appointed whether temporarily or permanently under subsection (6) to the staff of the Council, he shall be subject to the same disciplinary control as any other member of such staff.

(1) Far the, purposes ‘of this Act there shall be established the Sri Lanka Council for Agricultural Research Policy Fund (hereinafter referred to as the” Fund”) to be administered by the Council in accordance with the provisions of this Act.

(2) There shall be paid into the Fund.

(3) There shall be paid out of the Fund, all sums of money required to’ defray y expenditure incurred by the Council in the exercise, performance and discharge of its powers duties and functions under this Act and any other expense which is authorized or required to be paid out ‘of the Fund by any other provisions of this Act.

(1) The financial year of the Council shall be the calendar year.

(2) The Council shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Fund.

(3) 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 Fund.

(1) The Council shall meet at least once in six months and the quorum for any meeting thereof shall be five.

(2) All questions for decision at any meeting of the Council shall be decided by the vote of the majority of members’ present.

(3) The members of the Council shall be remunerated from the Fund for attending meetings at such rates ‘as may be approved by the Minister with the concurrence of the Minister in charge Of the subject of Finance.

(4) The Council may appoint such other standing committees ‘or ad hoc committees as it may deem necessary for the exercise, performance -and discharge ‘of its powers, , duties and ‘functions. Such committees may include persons who are not members of the Council.

(5) In the event of the, Council appointing standing committees or ad hoc committees the members attending meetings of such committees shall be remunerated from the Fund at such rates as may be determined by the Minister with the concurrence of the Minister. in charge ‘of the subject of, Finance.

(6) The Council may delegate to the committees referred to in subsection (4) any of its powers, duties and functions. The Council may, notwithstanding such delegation, exercise, perform and discharge any power, duty or function so delegated.

(1) No suit or prosecution shall be

(2)’ Any expenses incurred by the Council in, any suit or persecution brought by or, against the Council before any court shall be paid ‘out of the Fund and any casts paid to, or recovered by, the Council in any such suit or prosecution shall be credited to the Fund.

(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Act ‘or on the direction of the Council shall, if the court holds that such act was done in good faith, be paid out Of the Fund unless such expense is recovered by him in such suit or prosecution.

(1) The Council may make rules in respect of all’ or any of the matters in respect of which rules are authorized .or required by this Act to be made.

(2) No rule made by the Council. under, subsection (1) shall -have effect until it has been approved by the Minister, and notification pf such approval is published in the Gazette.

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

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

(1) Where any immovable property of the State is required for the purpose of the Council, 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 Council.

(2) Where any movable property f the State is required for the purpose of the Council, the Minister may by Order published in the Gazette, transfer to and vest in the Council the possession and use of such movable property.

(1) For the purpose of enabling the Council to exercise, perform and discharge any of its powers, duties and functions tinder this Act, the Council or any person authorized in that behalf by the Council may by notice in writing, require any person engaged in agricultural research to furnish to the Council or to the person authorized by the Council, within such period as shall be specified in ‘the notice, all such returns and information as shall be specified in such notice.

(2) It, shall be the duty of any person who is required to furnish any return or information by a notice under subsection (1) to comply with the requirements of such notice within the time specified in such notice, except where such person is precluded from furnishing such return or information under the provisions of any law.

(3) No information contained in a return furnished 1mder subsection (1) in compliance with the requirements of a notice issued under this section shall be published or communicated by the Council to any ‘other person except with the consent of the person furnishing such return or information or in the course of the discharge of the functions of the Council.

(1) Every person who

discloses any information obtained by him in, or in connection with, the exercise of his powers or the performance of his duties or the discharge of his functions under this Act, to any person for any purpose other. than a purpose for which he is authorized to disclose such information by this Act, shall be guilty of an offence under this Act.

(2) Every person who commits an offence under this Act, shall on conviction after trial before a Magistrate, be liable to a fine not exceeding five hundred rupees.

(3) Where an offence under this Act is committed by a body of persons, then

shall be deemed to be guilty of the offence:

Provided, however, that a director or an officer of such body corporate or partner of such firm shall not be deemed to be guilty of such offence if he proves that such offence was committed without his knowledge or that he used all diligence to prevent the commission of such offence.