Sri Lanka Tea Board Law

Sri Lanka Tea Board Law A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE SRI LANKA TEA BOARD AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows: – Short title and date of operation. 1. (1) This Law may be cited as the Sri Lanka Tea Board Law, No. 14 of 1975. (2) The provisions of this section, and of section 20, of this Law shall come into operation on the date of commencement of this Law. (3) The provisions of this Law, other than this section and section 20, shall come into operation on such date, hereinafter referred to as the appointed date “, as the Minister may appoint by Order published in the Gazette. Establishment of the Sri Lanka Tea Board. 2. There shall be established, in accordance with the provisions of this Law, a Board which shall be called and known as the Sri Lanka Tea Board, hereinafter referred to as ” the Board “. Board to be a body corporate and have power to acquire property. 3. (1) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name. (2) The Board shall have the power to acquire and hold or to manage property, both movable and immovable, and to sell and dispose of the same, to enter into contracts, and otherwise to do and perform all such acts or things as may be necessary for carrying out the provisions of this Law. Objects and general powers of the Board. 4. (1) The objects of the Board shall be the promotion, by such measures as it thinks fit, of the development of the tea industry in Sri Lanka. (2) The Board shall be the authority responsible for regulating the activities of the tea industry in Sri Lanka, and without prejudice to the generality of the provisions of subsection (1) and the other provisions of this Law, may take measures- (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; and (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. Board to be subject to the directions of the Minister. 5. (1) Except as provided in subsection (2), the Board shall, in the exercise of its powers, the performance of its duties and the discharge of its functions, be subject to and act in accordance with such directions as the Minister may from time to time issue. (2) In the exercise of its powers, in the performance of its duties and the discharge of its functions in relation to matters which fall under paragraphs (c), (d), (e), (g) and (m) of subsection (2) of section 4, the Board shall be subject to and act in accordance with such directions as the Minister, with the concurrence of the Minister in charge of the subject of Trade, may from time to time issue. Constitution of the Board. 6. (1) The Board shall consist of- (a) a Chairman nominated by the Minister with the concurrence of the Prime Minister who shall be the chief executive of the Board; (b) the person holding office for the time being as Secretary to the Ministry in charge of the subject of Planning, or any Senior Officer of that Ministry nominated by the Minister in charge of that Ministry; (c) the person holding office for the time being as Secretary to the Ministry in charge of the subject of Finance, or any Senior Officer of that Ministry nominated by the Minister in charge of that Ministry; (d) the person holding office for the time being as Secretary to the Ministry in charge of the subject of Plantation Industries, or any Senior Officer of that Ministry nominated by the Minister in charge of that Ministry; (e) the person holding office for the time being as Secretary to the Ministry in charge of the subject of Trade, or any Senior Officer of that Ministry nominated by the Minister in charge of that Ministry; (f) the person holding office for the time being as Secretary to the Ministry in charge of the subject of Shipping or any Senior Officer ox that Ministry nominated by the Minister in charge of that Ministry; (g) the person holding office for the time being as the Director of Commerce; and (h) five other members nominated by the Minister with the concurrence of the Prime Minister from among persons who have a knowledge of, and experience in, the tea industry with special reference to planting, manufacture, sale, export and finance. (2) A person shall, be disqualified for nomination, or for continuing, as a member of the Board – (a) if he is, or becomes a Member of the National State Assembly; or (b) if he is not, or ceases to be, a citizen of Sri Lanka. (3) The Chairman and the members nominated under paragraph (h) of subsection (1) shall hold office for a term of five years but shall be eligible for renomination. (4) The Minister may with the concurrence of the Prime Minister remove the Chairman or any other nominated member of the Board from office- (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. (5) In the event of the vacation of office by the Chairman or any other nominated member of the Board, or his removal from office under the provisions of the preceding subsection, another person shall be nominated by the Minister with the concurrence of the Prime Minister in his place to hold office during the unexpired part of his term of office. (6) If the Chairman or any other nominated member of the Board is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause, the Minister may with the concurrence of the Prime Minister nominate some other person to act in his place as Chairman or as a member. (7) The members of the Board shall be remunerated in such manner and at such rates, and shall be subject to such other conditions of service, as may be determined by the Minister, with the concurrence of the Minister in charge of the subject of Finance. (8) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the nomination of a member thereof. Meetings of the Board. 7. (1) The meetings of the Board shall be convened by the Chairman and shall be held as frequently as is necessary for the purpose of the discharge of the Board’s responsibilities under this Law. (2) At any meeting of the Board five members shall constitute a quorum. (3) The Board shall cause minutes of its meetings to be recorded and shall send copies of such minutes to the Minister. Special powers of the Board. 8. (1) The Board may establish such departments or divisions as may be necessary for the proper exercise- discharge, and performance of its powers, functions and duties. (2) The Board may appoint such officers and servants as it considers necessary for the efficient exercise, discharge and performance of its powers, functions and duties, and may pay them such salaries and allowances and prescribe such conditions of service for them as it may determine from time to time. (3) The Board, may, with, the approval of the of the Minister and the concurrence of the Minister in charge of the subject of Finance, establish and regulate a provident fund, medical aid schemes, credit schemes and other welfare schemes, for the benefit of its officers and servants and their dependants and nominees and may make contributions to any such fund or scheme. Appointment of Tea Commissioner and abolition of the offices of Tea Controller and Commissioner of Tea Exports. 9. (1) There may be appointed, for the purposes of this Law, a person, by name or by office, to be or to act as Tea Commissioner who shall, subject to the provisions of this Law or any other written law- (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. (2) The office of Tea Controller, and the office of the Commissioner of Tea Exports are hereby abolished and accordingly shall cease to exist. Appointment of state officers. 10. (1) At the request of the Board, any officer in the state service, other than an officer to whom section 20 applies, may, with the consent of that officer and the Secretary to the Ministry in charge of the subject of Public Administration, be temporarily appointed to the staff of the Board for such period as may be determined by the Board with like consent, or be permanently appointed to such staff. (2) The provisions of subsection (2) of section 9 of the Motor Transport Act, No. 48 of 1957, shall, mutatis mutandis, apply in relation to any officer in the state service who is temporarily appointed to the staff of the Board under subsection (1). and the provisions of subsection (3) of the aforesaid section 9 shall, mutatis mutandis, apply in relation to any officer in the state service who is permanently appointed to such staff under that subsection. (3) Where the Board 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 Board by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract. Officers and servants of the Board deemed to be state officers. 11. All officers and servants of the Board shall be deemed to be state officers within the meaning and for the purposes of the Penal Code. Board deemed to be a scheduled institution within the meaning of the Bribery Act. 12. The Board 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. Levy of cess on tea. 13. (1) (a) There shall be charged, levied and paid a cess calculated at the rate of rupees ten and cents sixty-five only 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 by 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 the National State Assembly 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. (2) The cess on tea imposed under this section shall be in addition to any export duty on tea levied under any other written law. Capital Fund. 14. (1) There shall be established a Bund to be called the ” Capital Fund ” There shall be credited to the 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- (i) all cess on tea imposed under this Law, (ii) all fees levied and collected in respect of licences and permits issued under this Law or the Tea Control Act. No. 51 of 1957, or the Tea (Tax and Control of Export) Act, No. 16 of 1959, or in respect of dealings in tea under any other written law, (iii) the sale of seed, cuttings, plants and fertilizers by the Tea Commissioner to proprietors of estates and small holdings; (g) such sums as may, from time to time, be authorized by an Appropriation Law or by resolution of the National State Assembly for the purposes of this Law; (h) all sums accepted by the Tea Commissioner by the compounding of offences under the Tea Control Act, No. 51 of 1957, or the Tea (Tax and Control of Export) Act, No. 16 of 1959; 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. (2) There shall be charged to the Capital Fund such sums as may be authorized by the Board for the purpose of meeting expenditure incurred in the exercise, discharge and performance of its powers, functions and duties under this Law, including- (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 connection with Sri Lanka’s membership of the International Tea Committee, or any other international organization dealing with problems connected with tea. Application of the provisions of Part II of Finance Act, No, 38 of 1971. 15. (1) The provisions of Part II of the Finance Act, No. 38 of 1971, shall mutatis mutandis apply to the financial control and accounts of the Board. (2) The financial year of the Board and of each department or division established under section 8, shall be the period of twelve months commencing on the first day of January in each year. Special duty of the Board. 16. It shall be the duty of the Board to report to the Minister, from time to time, on the state of the tea industry and the general welfare of the workers in the industry, particularly in relation to their minimum conditions of work and life assured by law, to facilitate the tabling of such reports in the National State Assembly. Acquisition of property for any purpose of the Board. 17. (1) Where any immovable property is required to be acquired for any purpose of the Board and the Minister, by Order published in the Gazette, approves of the proposed acquisition, that property shall be deemed to be required for a public purpose, and may accordingly be acquired under the Land Acquisition Act, and be transferred to the Board. (2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Board shall be paid from the Capital Fund. Transfer to the Board of all property. &c. of the Tea Control Department. 18. (1) All property, movable or immovable, and all rights in property belonging to the Tea Control Department, on the day immediately preceding the appointed date, shall vest in and be the property and rights of the Board on that date. (2) All rights and obligations of the Tea Controller under contracts legally entered into by him which are in existence, on the day immediately preceding the appointed date, shall be deemed to be the rights and obligations of the Board on that date. (3) All assets and liabilities of the Tea Control Department at values appearing in the books of accounts of that Department as on the appointed date shall be the assets and liabilities of the Board. Amendment of Act No. 16 of 1959. 19. The Tea (Tax and Control of Export) Act. No. 16 of 1959, is hereby amended as follows: – (1) by the repeal of section 9 of that Act and the substitution therefor of the following new section:- “Appeal from, decision, declaration or determination of the Commissioner. 9. (1) Any person aggrieved by any decision, declaration or determination of the Commissioner under this Act may, within fourteen days after the communication of such decision or determination to such person or, in the case of a declaration, within fourteen days after the declaration is published in the Gazette, appeal in writing from such decision, declaration or determination to the Sri Lanka Tea Board. (2) The Sri Lanka Tea Board shall, before deciding any appeal made under subsection (1), give the person making the appeal the opportunity of placing his case before such Board either in person or by his representative. (3) The decision of the Sri Lanka Tea Board on any appeal made under this section shall be final and shall not be called in question in any court.”; (2) by the repeal of section 13 of that Act; (3) in section 15 of that Act, by the repeal of sub-section (1) of that section and the substitution therefor of the following new subsection : – ” (1) The Sri Lanka Tea Board may make regulations in respect of the following matters: – (a) all matters which are required by this Act to be prescribed; (b) the payment of allowances to persons employed in carrying out the provisions of this Act; (c) the procedure to be observed in the hearing of appeals made under section 9; and (d) all matters necessary for carrying out the provisions of this Act.”; (4) by the repeal of section 19 of that Act, and the substitution therefor of the following new section: “Compounding of offences. 19. The Commissioner may compound any offence under this Act by accepting from the offender such sum as the Commissioner may deem adequate. All sums received by the Commissioner under this section shall be credited to the Capital Fund.”; (5) in section 22- (a) by the insertion, immediately after the definition of the term ” approved estate ” of the following new definition: – ” Capital Fund ” means the Capital Fund established under the Sri Lanka Tea Board Law ‘; and (b) by the substitution, for the definition of the term ” Commissioner “, of the following new definition: – ” Commissioner ” means the person for the time being holding the office of Tea Commissioner.’. Special provisions relating to certain state officers. 20. (1) The provisions of this section shall apply to every state officer, other than any state officer in a transferable service of the Government, who was employed for the purposes of the administration of the Tea Control Act, No. 51 of 1957, or of the Tea Subsidy Act, No. 12 of 1958, or of the Tea (Tax and Control of Export) Act, No. 16 of 1959. (2) Every state officer to whom subsection (1) applies and who holds a post declared to be pensionable under the Minutes on Pensions shall, before the appointed date, give notice in writing to the Tea Controller or the Commissioner of Tea Exports, as the case may be, that he intends, on that date- (a) to leave the state service and to obtain employment under the Board in terms of section 21 (1); or (b) to retire from the state service and to obtain employment under the Board in terms of section 21 (2); or (c) to retire from the state service and not obtain employment under the Board. (3) A notice given to the Tea Controller or the Commissioner of Tea Exports, as the case may be, under subsection (2) before the appointed date by a state officer referred to in that subsection shall be final. Provisions relating to state officers who give notice under section 20. 21. (1) Any state officer referred to in subsection (2) of section 20 who gives notice under paragraph (a) of that subsection before the appointed date- (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 state 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 state 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- (i) he shall be eligible for such an award under the Minutes on Pensions as might have been made to him if he had been retired from the state service on the ground of ill health on the date of his appointment to the staff of the Board in accordance with this section; and the amount of any such award made under those Minutes shall not be paid to him unless his employment in the staff of the Board is terminated by retirement on account of age or ill health or by the abolition of the office held by him in such staff or on any other ground approved by the Minister in charge of the subject of Public Administration; and (ii) in the event of his death after being appointed to the staff of the Board in accordance with this section, such an award as might have been made in respect of him under those Minutes if he had died immediately before his appointment to the staff of the Board may be made in respect of him. (2) Any state officer referred to in subsection (2) of section 20 who gives notice under paragraph (b) of that subsection before the appointed date- (a) shall be deemed to have retired from the state 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, No. 51 of 1957, or of the Tea Subsidy Act, No. 12 of 1958, or of the Tea (Tax and Control of Export) Act, No. 16 of 1959; (c) 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 state service on the ground of abolition of office on that date; (d) 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; i Sri Lanka Tea Board Law, No. 14 of 1975 15 (e) 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- (aa) such gratuity shall not be paid to him but shall be credited to his account m a provident fund of the Board established under this Law; (bb) the remaining three-fourths part of the pension payable to him under the said Minutes shall not be paid to him during the period of his employment by the Board: and (cc) for the purposes of the computation of the period of ” twelve years and six months from the date of his retirement ” referred to in section 2A (1) (i) of the said Minutes, the date of his retirement shall be deemed to be the day following the last date of his employment under the Board; and (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. (3) Any state officer referred to in subsection (2) of section 20 who gives notice under paragraph (c) of that subsection before the appointed date shall be deemed to have retired from the state service on that date and shall be eligible for such pension or gratuity under the Minutes on Pensions or gratuity under the Minutes on Pensions as would have been awarded to him had he retired from the state service on the ground of abolition of office on that date. Computation of pensionable service. 22. Any state officer who is on the appointed date employed for the purposes of the administration of the Tea Control Act, No. 51 of 1957, or of the Tea (Tax and Control of Export) Act, No. 16 of 1959, shall, for the purposes of subsection (2) of section 20, be entitled to have counted as pensionable service all such service in respect of which he was paid a gratuity by the Government provided he pays or arrives at an agreement to pay to the Deputy Secretary to the Treasury all such sums of money as he may have received by way of such gratuity together with such interest as may be determined by the Deputy Secretary to the Treasury, notwithstanding the fact that in the year 1963 such state officer had exercised an irrevocable option to accept such gratuity and have only his services thereafter counted as pensionable. Special provision regarding persons in receipt of pensions. 23. Notwithstanding anything to the contrary in any other written law, where any person, who is already in receipt of a pension from the Government or from any local authority or from the Local Government Service Commission, is employed by the Board such person shall not be paid such pension during the period of his employment by the Board. Offences. 24. Every person who commits an offence under this Law shall, on conviction after trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding six months, or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine. Regulations. 25. (1) The Board may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Law. (2) In particular, but without prejudice to the generality of the powers conferred by subsection (1), the Board may make regulations in respect of all or any of the following matters: – (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. (3) (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 the National State Assembly 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. Repeal of Tea Propaganda Board Ordinance and consequential provisions. 26. (1) The Tea Propaganda Board Ordinance is hereby repealed. (2) All property, movable or immovable, and all rights in property belonging to the Ceylon Tea Propaganda Board, on the day immediately preceding the appointed date, shall vest in and be the property and rights of the Board on that date. (3) All rights and obligations of the Ceylon Tea Propaganda Board under contracts legally entered into by the Board which are in existence, on the day immediately preceding the appointed date, shall be deemed to be the rights and obligations of the Board on that date. (4) Every officer or servant holding an appointment under the Ceylon Tea Propaganda Board immediately before the appointed date shall, on that date, be transferred to the employ of the Board. (5) An officer transferred under the provisions of subsection (4) shall be employed by the Board on terms and conditions which are not, on the whole, less favourable than those he had enjoyed in the service of the Ceylon Tea Propaganda Board immediately before the appointed date. (6) All assets and liabilities of the Ceylon Tea Propaganda Board at values appearing in the books of accounts of that Board as on the appointed date shall be the assets and liabilities of the Board. Repeal of Tea Research Ordinance and consequential provisions. 27. (1) The Tea Research Ordinance is hereby repealed. (2) All property, movable or immovable, and all rights in property belonging to the Tea Research Board, on the day immediately preceding the appointed date, shall vest in and be the property and rights of the Board on that date. (3) All rights and obligations of the Tea Research Board under contracts legally entered into by that Board which are in existence, on the day immediately preceding the appointed date, shall be deemed to be the rights and obligations of the Board on that date. (4) Every officer, servant or other person holding an appointment under the Tea Research Board immediately before the appointed date shall, on that date, be transferred to the employ of the Board. (5) An officer transferred under the provisions of subsection (4) shall be employed by the Board on terms and conditions which are not, on the whole, less favourable than those he had enjoyed in the service of the Tea Research Board immediately before the appointed date. (6) All assets and liabilities of the Tea Research Board at values appearing in the hooks of accounts of that Board as on the appointed, date shall be the assets and liabilities of the Board. Repeal of Act No. 12 of 1958. 28. (1) The Tea Subsidy Act, No. 12 of 1958, is hereby repealed. (2) Notwithstanding the repeal of the Tea Subsidy Act, No. 12 of 1958, every such regulation made under that Act as is in force on the day immediately preceding the date of such repeal shall, in so far as it is not inconsistent with the provisions of this Law, be deemed to be a regulation made by the Board under this Law subject to the modification that any reference in any such regulation to the ” Tea Controller ” or the Controller ” shall be read and construed as a reference to the ” Tea Commissioner “. Repeal of Act No. 15 of 1970. 29. The Ceylon Tea Board Act, No. 15 of 1970, is hereby repealed. Repeal of Part VI of Act No. 51 of 1957. 30. Part VI of the Tea Control Act, No. 51 of 1957, is hereby repealed. Interpretation. 31. In this Law, unless the context otherwise requires- “Capital Fund means the Capital Fund established under this Law; “Ceylon Tea Propaganda Board ” means the Ceylon Tea Propaganda Board established under the Tea Propaganda Ordinance, and includes the Tea Propaganda Board of Ceylon, being the name under which such Board was incorporated under that Ordinance; ” Commissioner of Tea Exports ” means the person holding the office of the Commissioner of Tea Exports; ” company ‘ means any company established and incorporated under the provisions of any law for the time being in force in any country; ” estate ” means an area of land, ten acres or more in extent, on which tea plants are grown for the purpose of harvesting the leaf thereof for conversion into made tea; ” green tea leaf ” includes the leaf, leaf buds and immature stalks of the tea plant before they are subjected to any of the processes (excluding that known as withering) for conversion into made tea; ” local authority ” means any Municipal Council. Urban Council, Town Council or Village Council; ” made tea ” means tea manufactured from the leaves, leaf buds and immature stalks of the tea plant and includes ” black tea “, ” green tea “,” instant tea “, ” carbonated tea ” or tea to which foreign essences have been added; ” management “‘ with its grammatical variations and cognate expressions includes cultivation, replantations, fertilization, soil conservation, manufacture, processing, sale and disposal of produce; ” manufacturer ” means any person who, being lawfully in possession of a tea factory, manufactures made tea at that factory; ” Principal Collector ” means the person appointed to be or to act as the Principal Collector of Customs; ” rehabilitation “‘ when used with reference to any tea estate or tea small holding, means any operation designed to improve the agricultural conditions of such estate or small holding, and includes the application of fertilizers, the adoption of soil conservation measures and the planting of additional tea plants and any other suitable plants in such estate or small holding. “replanting “, when used with reference to any tea estate or tea small holding, means the uprooting of all existing tea plants and other vegetation in the whole or any part of such estate or small holding and their replacement by new tea plants, and includes the planting of tea plants in an area which does not form part of such estate or small holding if the tea plants in an equivalent area of such estate or small holding are eradicated within such time as the Board may specify; ” small holding ” means an area of land less than ten acres in extent on which tea plants are grown for the purpose of harvesting the leaf thereof for conversion into made tea; ” State Corporation ” means a Corporation established or maintained with funds wholly or partly provided by the Government; ” tea when used with reference to planting, means tea plants, and when used in any other context means made tea; ” Tea Commissioner ” means the person appointed to be or to act as Tea Commissioner for the purposes of this Law; ” Tea Control Fund ” means the Tea Control Fund established under the Tea Control Act, No. 51 of 1957, as amended by this Law; ” tea factory ” means any premises equipped with machinery for the conversion of green tea leaf into made tea; ” Tea Research Board ” means the Board of the Tea Research Institute of Ceylon established under the Tea Research Ordinance; and ” Tea Subsidy Fund ” means the Tea Subsidy Fund established under the Tea Subsidy Act No. 12 of 1958.