Sri Lanka Institute Of Strategic Studies



Sri Lanka Institute Of Strategic Studies
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE SRI LANKA INSTITUTE OF STRATEGIC STUDIES, AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO

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

Act Nos,
32 of 2006
[10th August
, 2000
]
Short title.

1. This Act may be cited as Lakshman Kadirgamar Institute of International Relations and Strategic Studies Act, No. 45 of 2000.

Establishment of Sri Lanka Institute of Strategic Studies.

2. There shall be established an Institute to be called Lakshman Kadirgamar Institute of International Relations and Strategic Studies (hereinafter referred to as “the Institute”). The Institute shall by the name assigned to it by this section, be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.

Board of Management of the Institute.


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3.

(1) The Institute shall have a Board of Management (hereinafter referred to as “the Board”) charged with the administration and management of the affairs of the Institute. The Board shall exercise the powers and discharge the functions of the Institute as specified in the Act.

(2) The Board shall consist of the following persons-

(a) the Minister in charge of the subject of Foreign Affairs, who shall be the Chairman ;

(b) seven persons to be appointed by the Minister in charge of the subject of Foreign Affairs from among persons who have achieved eminence in the areas of defence, diplomacy, international relations, law, national securtiy, economics, environment and agriculture.

(3) The Minister may, in respect of the first Board of Management, appoint a member of the family of the late Lakshman Kadirgamar. The person appointed as a family member shall serve as a life member of the Board.

(4) In making appointments to the Board, the Minister may, where he deems it is expedient to do so, consult the member of the family of late Lakshman Kadirgamar appointed to the Board in terms of subsection (3).

(5) The provisions of the Schedule of this Act shall apply in relation to the appointment and terms of office of members of the Board, the remuneration payable to such members, the meetings of the Board, and the Seal of the Institute.”.

Functions of the Institute.


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4. The Institute shall-

(a) function as a multi-disciplinary research Institute-

(i) dedicated to the study of the strategic interests of Sri Lanka, including in particular, defence, national security, law, economics, cultural relations, agriculture and environment and the study of Sri Lanka’s international relations ; and

(ii) engaged in promoting peace and addresing post conflict issues ;

(aa) to raise or borrow money for the purpose of the Institute on any security or otherwise and to secure or discharge any debt or obligation of the Institute in such manner as may be deemed fit by the Board ;

(b) provide information and data to the Government in relation to issues which may be required as a basis for the formulation and structuring of national policies relating to international relations and strategic studies, including information relating to defence, national security, law, economics, cultural relations, agriculture and environment ;

(c) promote and assist research in strategic studies and international relations in so far as the same are connected to Sri Lanka, and facilitate the training of personnel who undertake such research and studies ;

(d) provide a forum for discussion, analysis and evaluation of research in strategic studies and international relations in so far as the ame are connected to Sri Lanka, and facilitate the carrying out of joint studies, seminars and workshops on such subjects both within the region and internationally;

(e) establish a repository of information including a library dedicated to strategic studies and international relations and facilitate the availability of relevant and reliable information in relation thereto ;

(f) publish journals and articles on matters falling within the purview of the Institute ;

(g) maintain relationships and affiliations with individuals, associations, governmental and non-governmental institutions with similar objects in Sri Lanka as well as in other countries ;

(h) conduct training programmes on diplomacy, international relations and any other related area which the Board considers appropriate ;

(i) do such other acts and things as may be necessary in the performance of the functions of the Institute.

Powers of the Institute.

5. For the purpose of effectually discharging its’ functions, the Institute shall have the power”

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

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

(c) to enter into all such contracts as may be necessary for the discharge of its functions :

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

(e) to erect, equip and maintain, libraries documentation centers and archives for research purposes ;

(f) to establish and maintain a Secretariat :

(g) to collect, print and publish, reports, periodicals and papers on subjects relevant to it’s functions :

(h) to hold lectures, seminars and workshops on subjects relevant to it’s functions ;

(i) to co-operate and collaborate with, institutions in Sri Lanka or abroad, discharging functions similar to those of the Institute ; and

(j) to do all such other things as are necessary, or incidental, to the discharge of Junctions of the Institute.

PART II
STAFF OF THE INSTITUTE
Executive Director.


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6.

(1) There shall be an Executive Director of the Institute. The Board shall employ on such terms and conditions as may be determined by the Board, a person possessing the requirements specified in subsection (2), as Executive Director.

(2) The Executive Director shall be a person who has specialised in management and has proven ability in relation to strategic studies and international relations.

(3) Subject to the direction and control of the Board, the Executive Director shall exercise and perform the following powers and functions :-

(a) the management and administration of the Institute ;

(b) the discharge of all aspects1 of employment of the personnel of the Institute ;

(c) the implementation of the decisions of the Board ;

(d) as directed by the Board, to promote and further the interests of the Institute in Sri Lanka and abroad ;

(e) all such other functions connected to the administration and management of the Institute as may from time to time be assigned by the Board.

(4) The Executive Director shall not be a member of the Board but, may if requested to do so by the Board, be present at any meeting of the Board. The Executive Director shall not be entitled to vote on any matter before the Board.

(5) The Board may delegate any of its powers to the Executive Director or to any committee, and may from time to time revoke any such delegation.

Appointment &c, of the staff of the Institute.

7.

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

(a) appoint such officers and servants as it considers necessary for the discharge of its functions, and may exercise disciplinary control over, or dismiss, such officers or servants ;

(b) fix the rates, at which such officers and servants shall be remunerated ;

(c) determine the terms and conditions of service of such officers or servants ; and

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

Appointment of public officers to Institute.

8,

(1) At the request of the Board, any officer in she public service may with the consent of that officer and of the Secretary to the relevant Ministry or Ministries be temporarily appointed to the staff of the Institute 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 Institute the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991 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 14 of the National Transport Commission Act, No. 37 of 1991 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 to serve the Government for a specified period, any period of service to the Institute by such 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 officer or servant of any Higher Educational Institution may with the consent of such officer or servant 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 Board with like consent or 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 Board and such principal executive officer.

(6) Where any officer or servant of any Higher Educational Institution is temporarily appointed to the staff of the Institute he shall be subject to the same disciplinary control as any other member of such staff

(7) In this section, “Higher Educational Institution” and “principal executive officer’ have the respective meanings assigned to them by the Universities Act. No. 16 of 1978.

PART III
FINANCE
Fund of the Institute.

9.

(1) The Institute shall have its own Fund.

(2) There snail be paid into 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, and discharge of its powers and functions ;

(c) all such sums of money as may be received by the Institute by way of donations, gifts and grants from any source whatsoever :

(d) all such sums of money as may be received as the income derived from the investments made by the Board ;

(e) all such sums of money as may be received as Membership Fees from members ; and

(f) all such sums of money as may be received as the payment for any courses of study conducted by the Institute.”.

(3) There shall be paid out of the Fund of the Institute all sums of money required to defray any expenditure incurred by the Institute in the exercise and discharge of its powers and functions under this Act. and any other expense which is authorized or required to be paid out of the Fund of the Institute by any other provision of this Act.

Financial year and the audit of the accounts of the Institute.

10.

(1) The financial year of the Institute shall be the Calendar year.

(2) 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.

(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 Institute.

International Advisory Council.


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10A. The Board shall appoint a Council named the “International Relations Advisory Council” (hereinafter referred to as the “Council”), which shall comprise five persons who have achieved international eminence in areas related to defence, diplomacy, international relations, law, national security, economics, agriculture and environment. The Council shall advise the Board on matters pertaining to the Institute either on its own motion or when so requested by the Board.

Appointment of Committees.


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10B. The Board may appoint standing committees or ad hoc committees as it may deem necessary for the exercise, performance and discharge of any of the powers, duties or functions of the Board. Such Committees may include persons who are not members of the Board.

Membership of the Institute.


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10C.

(1) The Board may from time to time admit as members of the Institute, such persons as the Board considers suitable for admission as members.

(2) The Board shall make rules setting out the criteria for membership, the different classes and categories of members (including Honorary members and Affiliated members), the method and manner of admission of members, the structure of fees to be paid by members, the rights of members including the right to vote, the obligations of members of each class or category and the manner in which persons shall cease to be members of the Institute.

(3) The Board may take such action as the Board may deem appropriate, against a member of the Institute, whom the Board deems to have acted in a manner prejudicial or contrary to the interests of the Institute.

Board to make rules.


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10D. The Board may make rules in respect of any or all of the matters specified in the Act. The Board may alter or repeal such rules and may at any time make new, amended or additional rules. The rules shall bind the members of the Institute. Every rule made by the Board shall be published in the Gazette.

Bandaranaike International Diplomatic Training Institute to vest in the Lakshman Kadirgamar Institute of International Relations and Strategic Studies.


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10E.

(1) Bandaranaike International Diplomatic Training Institute (BIDTI) shall with effect from the coming into operation of this Act, be vested in the Lakshman Kadirgamar Institute of International Relations and Strategic Studies and shall function as the unit of the Institute responsible for conducting training programmes and other courses of study.

(2) From and after the commencement of this Act-

(i) all such sums of money as is lying to the credit of the Bandaranaike International Diplomatic Training Institute, in any account maintained and operated by such Institute on the date immediately preceding the date of the coming into operation of this Act shall from and after the date of the coming into operation of this Act, be transferred to the Fund of the Institute established by section 9 ;

(ii) such of the officers and servants of the Bandaranaike International Diplomatic Training Institute as are in the employment of the aforesaid Bandaranaike International Diplomatic Training Institute on the date immediately preceding the date of the coming into operation of this Act, as may be required by the Institute, shall, from and after the date of the coming into operation of this Act be deemed to be officers and servants of the Institute, on terms which are not less favourable to those presently being enjoyed by them.

PART IV
GENERAL
Directions.

11. The President may after consultation with the Board. from time to time, give the Board such general or special directions, in writing as to the exercise and discharge by the Board of its powers and functions in so far as they relate to matters of policy and the Board shall give effect to such directions.

Members officers and servants of the institute deemed to be public servants .

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

The Institute deemed to be a seheduled institution within the meaning of the bribery Act.

13. 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

Declaration of secrecy.

14.

(1) Every member of the- Board and all officers and servants of the Institute shall before entering upon his duties sign a declaration pledging himself to observe strict secrecy respecting ail matters connected with the working of the Institute, and shall by such declaration pledge himself not to reveal any mailer which may come to his knowledge in the discharge of his functions, except”

(a) when required to do so by a court of law ; and

(b) in order to comply with any of the provisions of (his Act.

(2) A member of the Board or officer or servant of the Institute who discloses any information obtained by him in connection with the discharge of his functions under this Act. to any person for any purpose other than for a purpose authorized by subsection (1) shall be guilty of an offence under this Act and shall on conviction alter summary trial by a Magistrate be liable to a fine not exceeding ten thousand rupees.

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

15.

(1) No suit or prosecution shall lie”

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

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

(2) Any expenses incurred by the Institute in any suit or prosecution brought by or against the Institute before am court shall be paid out of the Fund of the Institute and any costs paid to, or recovered by. the Institute in any such suit or prosecution, shall be credited to the Fund of the Institute.

(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 by him under this Act or on the direction of the Board shall, if the court holds that such act was done in good faith, be paid out of the Fund of the Institute unless such expense is recovered by him in such suit or prosecution.

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

16.

(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 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 who has authority and control over such property may, by Order published in the Gazette, transfer to and vest in the Institute the possession and use of such movable property.

“Exemption of the Institute from payment of duties & c,.

16A. The Minster shall with the concurrence of the Minister in charge of the subject of Finance, in order to facilitate the study and research in areas related to strategic studies and international relations, exempt the institute from the payment of any duties, levies and of any tax on the income or profits of the Institute to such extent as is permitted in terms of the Inland Revenue Act, No. 10 of 2006, or in terms of any other written law for the time being in force governing the imposition of such duty, levy or tax as the case may be.”.

Annual Report.

17. The Board shall at the end of each financial year publish a report of the activities of the Institute during the year and it shall be submitted to Minister in charge of the subject of Foreign Affairs for approval. On being approved by Minister in charge of the subject of Foreign Affairs such report shall be laid before Parliament.

The Sinhala text to prevail in case of any inconsistency.

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

Interpretation.

19. In this Act unless the context otherwise requires”

“local authority” means any Municipal Council, Urban Council or Pradcshiya Sabha and includes any Authority created and established by or under any law to exercise, perform and discharge, powers, duties and functions corresponding to. or similar to, the powers, duties and functions, exercised, performed and discharged by any such Council or Sabha :

“Provincial Council” means a Provincial Council established by Chapter XVIIA of the Constitution.