SRI LANKA TEA BOARD

(a) to regulate the production and cultivation of new areas in tea, the replanting of existing estates and small holdings with high yielding material, the rehabilitation of estates and small holdings, the diversification of estates and small holdings by the establishment and operation of livestock industries, and the replacement of tea on such estates and small holdings by other crops;

(b) to regulate the establishment and operation of tea factories;

(c) to regulate the conduct of tea auctions;

(d) to regulate the sale of tea, the export of tea and the arrangements and payments relating to shipping, freight, brokerage, warehouse or any other charges incurred in the sale of tea abroad ;

(e) to assist and encourage the marketing of tea in and outside Sri Lanka and to promote the demand for and the consumption of tea in the world markets;

(f) to conduct, assist and encourage scientific and technological research into, and investigations of, all problems and matters affecting the production and manufacture of tea, the control of pests and diseases of tea and the improvement of the quality of tea, and to publish and disseminate information relating to the results of such research in its discretion;

(g) to conduct, assist and encourage research into the economic state of the tea industry including future economic trends in the industry in Sri Lanka and elsewhere

(h) to secure or to facilitate the securing of supplies of machinery, equipment and other commodities needed for the development of the tea industry in Sri Lanka;

(i) to provide financial, advisory or other assistance to persons engaged in the growing or manufacture of tea;

(j) to safeguard the interests of the workers in the tea industry so as to foster increased performance as well as to ensure their economic and social well being;

(k) to collect statistics from growers, manufacturers, dealers or other persons on any matter relating to the tea industry, and to publish such statistics in its discretion ;

(l) to regulate, control and direct all institutions and organizations engaged in the management of tea estates and in the production and marketing of tea;

(m) to provide the necessary liaison between the tea industry and the departments of Government or State Corporations, in order to promote and co-ordinate action for the development of the tea industry in Sri Lanka ;

(n) to prepare manuals containing information relating to the various schemes provided for under this Law ;

(o) to enter into agreements for co-operation with other institutions, whether in Sri Lanka or abroad, having objects wholly or partly similar to those of the Board, for the furtherance of their common objects :

(p) to advise the Minister on policies relating to the lea industry ;

(q) to promote investment in the tea industry ; and

(r) to collect and disseminate data on the tea industry.

(a) a person appointed by the Minister, who shall be the Chairman (hereinafter referred to as “the Chairman”);

(b) the following nominated members appointed by the Minister, namely:

(a) if he is, or becomes a Member of Parliament; or

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

(a) if he becomes subject to the disqualification mentioned in subsection (2); or

(b) if he becomes permanently incapable of performing his duties owing to physical disability or unsoundness of mind; or

(c) if he has done any act or thing which, in the opinion of the Minister, is likely to bring the Board into disrepute.

(a) exercise, discharge and perform the powers, functions and duties vested in, and imposed on, the Tea Controller under any other written law-

(b) exercise, discharge and perform the powers, functions and duties vested in, and imposed on, the Commissioner of Tea Exports under any other written law; and

(c) perform any other functions and duties assigned to him by the Board.

(a) There shall be charged, levied and paid a cess calculated at such rate as may be determined by the Minister by Order published in the Gazette for every one hundred pounds of tea exported from Sri Lanka:

Provided, however, that no such cess shall be charged or levied on any tea which is proved to the satisfaction of the Principal Collector to have been imported into Sri Lanka for the purpose of re-export.

(b) The amount of the cess imposed under this section may be varied, or any such cess may be rescinded, by Order made by the Minister. Such Order shall be published in the Gazette, and shall come into force on the date of such publication.

(c) Every Order made by the Minister under this subsection shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval within four months. Any such Order which is not so approved shall be deemed to be revoked as from the date of its disapproval but without prejudice to the validity of anything previously done thereunder.

(d) This section shall have effect as though it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly.

(e) The proceeds of the cess on tea recovered under this section shall be paid monthly by the Principal Collector to the credit of the Capital Fund.

(a) the value of any net assets lying, on the appointed date, to the credit of the Tea Control Fund;

(b) the value of any net assets lying, on the appointed date, to the credit of the Tea Subsidy Fund ;

(c) the value of any net assets lying, on the appointed date, to the credit of the Ceylon Tea Propaganda Board ;

(d) the value of any such net assets lying, on the appointed date, to the credit of the Tea Research Board ;

(e) the value of any net assets as may be transferred to the Board, from time to time, by any Government Department, State Corporation, or local authority by an order or with the consent of the Minister in charge of that Department or Corporation or, in the case of a local authority, the Minister in charge of the subject of Local Government; and

(f) the proceeds of-

(g) such sums as may, from time to time, be authorized by an Appropriation Act or by resolution of Parliament for the purposes of this Law;

(h) all sums accepted by the Tea Commissioner by the compounding of offences under the Tea Control Act* or the Tea (Tax and Control of Export) Act; and

(i) all such other sums as may accrue to the Board by the sales of property belonging to the Board, gifts, and income from investments or otherwise.

(i) the remuneration of all officers and servants employed by the Board for carrying out the provisions of this Law and all other expenses of the administration of this Law,

(ii) the sums approved by the Board for the purpose of providing financial assistance, by way of grant or loan, for the planting of tea, for the replanting and the rehabilitation of estates and small holdings, for the diversification of estates and small holdings by the replacements of tea on such estates and small holdings, with other crops or livestock farming, for the marketing of the green tea leaf of estates and small holdings and for the manufacture of made tea or instant tea,

(iii) the sums approved by the Board in order to provide advisory services to owners of estates and small holdings, to manufacturers of tea, and dealers in tea, and

(iv) such expenses as may be incurred in connexion with Sri Lanka’s membership of the International Tea Committee, or any other international organization dealing with problems connected with tea.

(a) to leave the public service and to obtain employment under the Board in terms of section 21 (1); or

(b) to retire from the public service and to obtain employment under the Board in terms of section 21 (2); or

(c) to retire from the public service and not obtain employment under the Board.

(a) shall be subject to the same disciplinary control as any other member of the staff of the Board during the period of his employment under the Board;

(b) shall, subject to paragraph (a), be entitled to the terms and conditions of service not less favourable as respects remuneration, leave, holiday warrants and other conditions of service as he was entitled to immediately before the appointed date during the period of his employment under the Board;

(c) shall, so long as he is in the employ of the Board, in terms of this section, be deemed for the purposes of the Minutes on Pensions to continue to hold a post in the public service which has been declared to be pensionable under the said Minutes and shall be eligible for the grant of a pension or gratuity as though his service under the Board were service under the Government; and the Minister in charge of the subject of Public Administration may grant such pension or gratuity in accordance with the terms of the said Minutes;

(d) in respect of him, the Board shall pay out of the funds of the Board to the Director of Pensions to be credited to the Consolidated Fund for every complete month of service during which he is in the employ of the Board such sum of the salary received by him in the post he holds in the service of the Board as the Minister in charge of the subject of Public Administration may determine;

(e) shall, notwithstanding anything in the Widows’ and Orphans’ Pensions Fund Ordinance, be deemed to be a public officer within the meaning of that Ordinance and for the purpose of the application of the provisions thereof so long as he remains in the employ of the Board ; and

(f) may, at any time during the period of his employment under the Board, opt to be appointed to the staff of the Board in terms of subsection (2) and when such option is exercised-

(a) shall be deemed to have retired from the public service on the appointed date;

(b) shall be offered employment by the Board on such terms and conditions as may be agreed upon by such officer and the Board :

Provided, however, that such terms and conditions shall be not less favourable than the terms and conditions on which such officer was employed for the purposes of the administration of the Tea Control Act or of the Tea Subsidy Act, No. 12 of 1958*, or of the Tea (Tax and Control of Export) Act;

shall be eligible for such pension or gratuity under the Minutes on Pensions as would have been awarded to him had he retired from the public service on the ground of abolition of office on that date; [* Repealed by Law No. 14 of 1975]

if he is eligible for a pension and does not exercise the option under section 2A (1) (i) of the Minutes on Pensions, he shall not be paid the pension during the period of his employment under the Board ;

if he is eligible for a pension and elects to draw a gratuity in partial commutation of one-fourth part of his pension in accordance with the provisions of section 2A (1) (i) of the Minutes on Pensions-

(f) if he is eligible for the gratuity and not a pension under the Minutes on Pensions such gratuity shall not be paid to him but shall be credited to his account in a provident fund of the Board established under this Law.

(a) a scheme for subsidizing with moneys of the Capital Fund the replanting and rehabilitation of estates and small holdings and for subsidizing with moneys of that Fund the diversification of estates and small holdings by the replacement of tea on such estates and small holdings by other crops or livestock farming;

(b) a scheme for subsidizing with moneys of that Fund the improvement, modernization and construction of tea factories;

(c) a scheme for subsidizing with moneys of that Fund the marketing of green tea leaf of estates and small holdings;

(d) a scheme to regulate the sale of tea, including the conduct of tea auctions;

(e) a scheme to regulate the export of tea and all arrangements and payments relating to its shipping, freight, brokerage, warehouse or any other charges incurred in the sale of tea abroad ;

(f) a scheme to assist and encourage the marketing of tea in and outside Sri Lanka;

(g) a scheme to regulate the establishment and operation of tea factories, including factories for the manufacture of instant tea;

(h) the establishment and regulation of provident funds, gratuity schemes, medical aid schemes, and other welfare schemes, for all or any of the officers and servants employed for the purpose of this Law and their dependants;

(i) such conditions, prohibitions or other provisions as may be necessary for securing the due operation and enforcement of the regulations ;

(j) the provision that the contravention of, or the failure to comply with, any such regulation, and the furnishing of false information or returns to the Board or its officers or servants, shall be an offence triable by a Magistrate, and that the punishment for such offence shall be a fine of an amount not exceeding one thousand rupees, or imprisonment of either description for a term not exceeding six months, or both such fine and imprisonment.

(a) No regulation made by the Board shall have effect unless it is approved by the Minister. Every regulation so approved 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 therein.

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