Tea Research Board

(1) The Board shall by the name assigned to it by section 2 be a body corporate having perpetual succession and a common seal and may sue and be sued in such name.

(2) The headquarters of the Board shall be at Talawa-kale or such other place as may be determined by the Board with the approval of the Minister.

(a) shall be in the custody of the Chairman of the Board ;

(b) shall be of such design as shall be approved by the Board and may be altered in such manner as may be determined by the Board; and

(c) shall not be affixed to any document except in accordance with the rules of the Board.

(a) to conduct, assist and encourage, scientific and technological research into, and investigations of, all problems and matters affecting the production and manufacture of tea, including the prevention and control of pests affecting tea, the prevention and control of diseases affecting tea and the improvement of the quality of tea; as well as the diversification of products manufactured from tea ; and to disseminate and publish at its discretion, the results of such research ;

(b) to conduct, assist and encourage, research, into the economic viability of the tea industry in Sri Lanka including future economic trends in such industry;

(c) to maintain and administer the Tea Research Institute situated at Talawakale, and its substations, in accordance with the rules of the Board ;

(d) to establish maintain, relations w5th research institutions, in Sri Lanka and abroad ;

(e) to conduct, in the discharge of its functions, joint study programmes, seminars or symposia, with foreign research institutions and research institutions in Sri Lanka.

(f) to promote investment in tea research ;

(g) to undertake the collection and dissemination of data on the tea industry and to conduct research to ascertain the development potential of the tea industry ;

(h) to advise the Minister on appropriate policies in relation to the tea industry and to co-ordinate with other relevant agencies”.

(a) to acquire and hold, property movable or immovable, which may become vested in it by virtue of any lease, purchase, grant, donation, bequest or otherwise and subject to the rules of the Board, to lease, sell, assign, exchange or otherwise dispose of, the same ;

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

(c) to apply for, purchase or otherwise acquire, any patents, brevets invention, or concessions conferring an exclusive, or non exclusive, or limited, right to use or sell any information as to any invention which is capable of being used for the discharge of the functions of the Board, or the acquisition of which may facilitate the discharge of such functions, and to use, develop or grant licenses in respect of, the property rights and information so acquired ;

(d) to establish and maintain experimental stations for the purposes of research and to equip such stations with all such appurtenances, accessories or equipment as may be necessary for such research ;

(e) to maintain and manage tea estates and tea factories, for research and connected purposes ;

(f) to borrow such sums of money as may be necessary for the purpose of discharging its functions;

(g) to enter into agreements for co-operation with educational and ether institutions, whether in Sri Lanka or abroad, having objects wholly or partly similar to those of the Board, for the exchange of personnel, research and advisory services and the training of personnel; and generally, for such purposes as may be in furtherance of their common objects;

(h) to invest its funds in such securities, as may be determined by the Board with the approval of the Minister and the Minister in charge of the Subject of Finance;

(i) to provide practical assistance, by way of advice, demonstrations, inspection of plantations and analysis, for persons engaged in the planting and manufacturing of tea ;

(j) to provide services including inspections, information and reports, on the payment of the prescribed fee or free of charge ;

(k) to appoint, employ, remunerate and exercise disciplinary control over, and dismissal of such officers, servants or agents as are necessary, for the discharge of the functions of the Board;

(l) to accept and receive, grants, donations, bequests both movable and immovable, from sources, in Sri Lanka and abroad and to apply them for the discharge of its functions ;

(m) to establish a provident fund, pension scheme or medical scheme for the benefit of the officers and servants of the Board and to make contributions to any such fund or scheme ;

(n) to enter into such contracts and agreements as are necessary for the discharge of it’s functions ; and

(o) to make rules in respect of the management of the affairs of the Board.

(l) The Board shall consist of

(2) The Minister shall appoint one of the appointed members as the Chairman of the Board.

(3) No Person shall be qualified to be appointed a member of the Board unless he is a citizen of Sri Lanka.

(1) A member of the Board nominated under subsection (1) (b) of section 7 shall hold office for a period of three years reckoned from the date of his nomination.

(2) The Minister may remove any member of the Board, nominated under sub-section (1) (b) of section 7, from office

(3) A member of the Board nominated under sub-section (1) (b) of section 7 may at any time resign his office by letter addressed to the person nominating such member.

(4) In the event of a vacancy occuring in the member ship of the Board as a result of any member of the Board nominated under sub-section (1) (b) of section 7 vacating office, by death, resignation, removal from office, or other wise, another person shall, having regard to the provisions of section 7, be nominated to fill such vacancy.

(5) Where another person is nominated to fill a vacancy- caused by the death, resignation, removal from office, or otherwise, of a member nominated under sub-section (1) (b) of section 7, the person so nominated shall hold such office during the unexpired part of the term of office of the member of the Board whom he succeeds.

(6) Where any member of the Board nominated under sub-section (1) (b) of section 7, is by reason of illness, infirmity or absences from Sri Lanka for is period of not less than three months, temporarily unable to perform his duties, another person, may, having regard to the provisions of section 7, be nominated to act in his place.

(7) Any member of the Board nominated under sub section (1) (b) of section 7, who is absent without leave from three consecutive ordinary meetings of the Board, shall be deemed to have vacated his office.

(1) The Chairman may at any time resign from the office of Chairman by letter addressed to the Minister.

(2) The Minister may at any time, remove the Chairman from the office of Chairman, without assigning any reason therefor.

(3) If the Chairman is by reason of illness or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint another member of the Board to act in his place.

(4) Subject to the provisions of subsections (1) and (2;, the term of office of the Chairman shall be the period of his membership of the Board.

(1) The Chairman shall preside at all meetings of the Board. In the absence of the Chairman from any meeting of the Board, a member chosen by the members of the Board present at such meeting, shall preside at such meeting.

(2) In the event of any equality of votes at any meeting of the Board, the Chairman or the member presiding at such meeting shall in addition to his vote have a casting vote.

(3) The Board may delegate to the Chairman any power, duty or function conferred or imposed on, or assigned to, the Board by this Act.

(4) 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 functions of the Board under this Act.

(5) The quorum for a meeting of the Board shall be six members.

(6) The members of the Board shall be remunerated in such manner and at such rates as may be determined by the Minister, in consultation with the Minister in charge of the subject of Finance.

(7) Subject to the provisions of this Act, regulations may be made, regulating the procedure to be followed with regard to the conduct of its meetings and the transaction of business at such meetings.

(8) 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 direction as the Minister may from time to time issue.

(a) be responsible for the administration of the affairs of that Institute, subject to the general direction and control of the Board;

(b) exercise, perform and discharge any such powers, functions and duties of the Board as may be delegated to him by the Board.

(a) There shall be charged, levied and paid on every kilogram of tea exported from Sri Lanka a cess calculated at such rate as may be fixed by the Minister in consultation with the Minister in charge of the subject of Finance, by Order published in the Gazette :

Provided that no such cess shall be charged or levied on any tea, which is proved to the satisfaction of the Director-General of Customs 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 the Minister, in consultation with the Minister in charge of the subject of Finance, by Order published in the Gazette.

(c) Every Order made by the Minister under this section shall come into force on the date of its publication in the Gazette or on such later date as may be specified therein, and shall be brought before Parliament for approval within four months of the date of its publication in the Gazette. 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 there under. Notification of the date on which any such Order is deemed to be revoked shall be published in the Gazette.

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

(e) The proceeds of the cess recovered under this section shall be paid monthly by the Director-General of Customs, to the credit of the Tea Research Fund established by section 14. Every such payment shall be accompanied by the supporting documents-

(f) The cess on tea imposed under this section shall be in addition, to any export duty or cess on tea levied under any other written law.

(1) There shall be established a Fund to be called the Tea Research Fund (hereinafter referred to as ” the Fund”).

(2) There shall be paid into the Fund

(3) There shall be paid out of the Fund all sums of money as may be authorized by the Board for the purpose of defraying any expenditure incurred by the Board, in the exercise, performance and discharge of its powers, duties and functions under this Act.

(1) The Board shall cause proper accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Board.

(2) The financial year of the Board shall be the calendar year.

(3) The Auditor-General shall audit the accounts of the Board every year. For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of any qualified auditor who shall act under his direction and control.

(4) For the purposes of meeting the expenses incurred by him in the audit of accounts of the Board, the Auditor- General shall be paid out of the Fund such remuneration as may be determined by the Board. Any remuneration received by the Auditor-General shall, after deduction therefrom of any sums paid by him to any qualified auditor or auditors employed by him for the purpose of conducting such audit, be credited to the Consolidated Fund.

(5) The Auditor-General shall, as soon as practicable after the thirty-first day of December of each year prepare a report on the administration of the affairs of the Board during that year, together with a statement of the income and expenditure of the Board and of the investment of the moneys belonging to the Board during that year.

(6) In this section, the expression ” qualified auditor” means

(1) The Minister may make regulations in respect of matters, for which regulations are required or authorized by this Act to be made, or which are required by this Act to be prescribed.

(2) Every regulation made under subsection (1) shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such regulation.

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

(4) Notification of the date on which any regulation is deemed to be rescinded shall be published in the Gazette.

(1) No action or proceeding shall lie against the Board for any act which in good faith is done, or purported to be done, by the Board under this Act.

(2) No action or proceeding shall lie against any member, officer, servant or agent of the Board for any act which in good faith is done or purported to be done, by him under this Act or on the direction of the Board.

(3) Any expense incurred by the Board in any action or proceeding brought by or against the Board before any Court, shall be paid out of the Fund and any costs paid to, or recovered by, the Board in any such action or proceeding shall be credited to the Fund.

(4) Any expense incurred by any such person as is referred to in subsection (2) in any action or proceeding brought against him before any court in respect of any act, which is done or purported to be done by him under this Act or on the direction of the Board, shall if the Court holds that the act was so done or purported to be done, in good faith, be paid out of the Fund, unless such expense is recovered by him in such action or proceding.

(1) At the request of the Board any officer in the public service may, with the consent of that officer and of the Secretary to the Ministry of the Minister 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 with like consent be permanently appointed to such staff.

(2) Where any public officer is temporarily appointed to the staff of the Board, the provisions of section 13 (2) of the Transport Board Law, No. 19 of 1978, shall apply to, and in relation to, him.

(3) Where any public officer is permanently appointed to the staff of the Board, the provisions of section 13 (3) of the Transport Board Law, No. 19 of 1978, shall apply to, and in relation to, him.

(4) Where the Board employs a 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 person under such contract.

(1) The Board may for the purpose of discharging its functions under this Act require any person to furnish to the Board, such returns and information in respect of such matters and in such form as may be determined by the Board.

(2) Any person who

(1) All property, movable and immovable, vested in the Sri Lanka Tea Board and used on the day preceding the appointed date, for the purposes of the Tea Research Institute maintained by the Sri Lanka Tea Board (in this section referred to as the ” Tea Research Institute “), shall vest in the Board, with effect from the appointed date.

(2) All contracts and agreements entered into, by, or with, the Sri Lanka Tea Board for the purposes of the Tea Research Institute, and all liabilities incurred by the Sri Lanka Tea Board in respect of the Tea Research Institute, and subsisting on the day preceding the appointed date; shall be deemed, with effect from the appointed date to be contracts agreements and liabilities entered into, by, or with the Board, and may be enforced accordingly.

(3) All actions and proceedings instituted by, or against, the Sri Lanka Tea Board relating to the Tea Research Institute and pending on the day preceding the appointed date shall, with effect from the appointed date, be deemed to be actions and proceedings instituted by or against, the Board and may be continued accordingly.