Textile Quota Board

(1) There shall be established a board which shall be called the Textile Quota Board (hereinafter referred to as the “Board”).

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

(1) The Board shall consist of-

(2) The provisions of the Schedule to this Act shall have effect in relation to the appointed members of the Board.

(a) to formulate an appropriate scheme or schemes for the management, distribution, utilization and allocation of export-quotas of textile and textile products granted to Sri Lanka and to manage and carry out such scheme or schemes after approval by the Minister ; and

(b) to advise the Minister regarding the implementation of scheme or schemes formulated under paragraph (a), and on any other matters that may be referred to it by the Minister for its advice.

(a) to manage and carry-out the Scheme or schemes for the distribution, utilization and allocation of export quotas ;

(b) to allocate export quotas among registered exporters and to vary, suspend, cancel or restore allocations of export quotas ;

(c) to determine the terms and conditions subject to which export quotas will be allocated ;

(d) to direct registered exporters to furnish in such form as may be determined by the Board, information relating to their manufacturing capacity, employment, production, utilization of export quotas, marketing Programmes and any other related matters ;

(e) to collect, collate, classify and publish information relating to the management of the scheme or schemes and the utilization of export quotas ;

(f) to monitor from time to time the utilization of export quotas allocated to registered exporters ;

(g) to purchase, hold, take, give on lease, mortgage or hire or sell or otherwise dispose of movable or immovable properly ;

(h) to open and maintain bank accounts ;

(i) to levy fees or charges for any services rendered or provided to registered exporters or on registration of such exporters ;

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

(k) to make rules relating to meetings of the Board and on matters in respect of which rules are required to be framed under this Act ; and

(l) generally to do all such other things as are necessary to facilitate the proper discharge of functions of the Board.

(1) The Board may vary, suspend or cancel an export quota allocated to any registered exporter, where it is found that-

(2) Nothing contained in subsection (1) of this section, shall preclude any prosecution being brought under section 23 of this Act, against any person whose textile quota allocation is varied, suspended or cancelled under paragraphs (f), (g), (h) or (i) of subsection (1), in addition to such variation, suspension or cancellation as the case may be.

(1) The Chairman shall, if present, preside at every meeting of the Board. In the absence of the Chairman from any such meeting, the members present shall elect one of the members present, to preside at such meeting.

(2) The quorum for any meeting of the Board shall be five members.

(3) The person presiding at any meeting of the Board shall in addition to his own vote, have a casting vote.

(4) Subject to the provisions of this section, the Board may regulate the procedure in regard to the meetings of the Board and the transaction of business at such meetings.

(1) The seal of the Board may be determined and devised by the Board and may be altered in such manner as may be determined by the Board.

(2) The seal of the Board shall be in the custody of the Chairman of the Board.

(3) The seal of the Board shall not be affixed to any instrument or document except with the sanction of the Board and in the presence of two members of the Board who shall sign the instrument or document in token of their presence.

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

(1) The initial capital of the Board shall consist of such amount as may be made available to the Board by the Government on such terms and conditions as may be determined by the Minister, with the concurrence of the Minister in charge of the subject of Finance.

(2) The capital of the Board may be increased from time to time by such amount as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance, and shall be made available to the Board by way of grant or loan and on such terms and conditions as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance,

(1) The Board shall have its own Fund and there shall be paid into the Fund-

(2) There shall be paid out of the Fund all such sums of money required to defray any expenditure incurred by the Board in the exercise, performance and discharge of its powers duties and functions.

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

(2) The Board shall, in respect of each financial year, cause proper books of accounts to be kept of its income and expenditure, assets and liabilities, and all other transactions of the Board.

(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 Board.

(1) The Minister shall, in consultation with the Board, appoint a suitably qualified person to be the Director-General of the Board, The Director-General shall be a full time officer of the Board and shall receive such remuneration and other benefits as may be determined by the Board.

(2) The Director-General shall, subject to the direction and control of the Chairman, be charged with the management of the affairs and transactions of the Board, the administration and control of the officers and servants of the Board.

(3) The Director-General may, with the prior approval of the Board, whenever he considers it necessary to do so, delegate to any officer or servant of the Board any power, function or duty conferred or imposed on or assigned to him by this Act, and such officer or servant shall exercise, discharge and perform such power, function or duty subject to the general or special directions of the Director-General.

(1) The board may appoint such other officers and servants as it considers necessary for the efficient discharge of its functions.

(2) The officers and servants appointed under subsection (1) shall be remunerated in such manner and at such rates and shall be subject to such conditions of service as may be determined by the Board.

(3) At the request of the Board any officer in the public service may, with the consent of the officer and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the Board for such period as may be determined by the Board with like consent, or be permanently appointed to such staff.

(4) Where any officer in the public service is temporarily appointed to the staff of the Board, the provisions of subsection (2) of section 14 of the National Transport Commissions, Act, No 31 of 1991, shall, mutatis mutandis, apply to, and in relation to him.

(5) where any officer in the public service is permanently appointed to the staff of the Board, the provision 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,

(6) Where the Board employs any person who 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 agreement.

(7) At the request of the Board, any member of the Local Government Service or any other officer or servant of a Local authority may, with the consent of such member, officer or servant and the Local Government Service Commission, or the local authority, as the case may be, be temporality 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 on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Board and the Local Government Service Commission or that local authority.

(8) Where any member of the Local Government Service or any officer or, servant of any local authority is appointed temporarily under subsection (7) to the staff of the Board, he shall be subject to the same disciplinary control as any other member of such staff.

(1) At the request of the Board, any officer or servant of a public corporation may, with consent of such officer or servant and the governing board of such corporation, 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 the staff of the Board on such terms and conditions, including those relating to pension or provident fund rights, as may be agreed upon by the Board and the governing board of such corporation.

(2) Where any person is appointed whether temporarily or permanently under subsection (1) to the staff of the Board, he shall be subject to the same disciplinary control as any other member of the staff.

(1) The Board may delegate any of its powers, duties, and Junctions under this Act to any member or officer of the Board.

(2) Every member or officer to whom any power, duty or function is delegated under subsection (1), shall exercise, perform and discharge such power, duty or function subject to such directions, as may be given to him by the Board.

(3) The Board shall, notwithstanding any delegation made under subsection (1), have the power to exercise, perform and discharge the powers, duties and functions so delegated.

(1) No suit or prosecutions shall lie-

(2) Any expenses incurred by the Board in any suit or prosecution 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 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 purported to be done by him under this Act or on the directions of the Board shall, if the court holds that such act was done in good faith, be paid out of the Fund to such person, unless such expenses are recovered by him in such suit or prosecution.

(1) Every person who contravenes any provision of this Act or any regulation made thereunder or fails to comply with any directions or requirements made or imposed on him under this Act, shall be guilty of an offence under this Act and shall, on conviction after trial before a Magistrate, be liable to a fine not exceeding one hundred thousand rupees or to imprisonment of either discription for a period not exceeding five years or to both such fine and imprisonment.

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

shall be deemed to be guilty of such 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 offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence.

(1) Without prejudice to the generality of the powers conferred upon it by section 5, the Board may make rules in respect of the following mattes-

(2) A rule made by the Board under subsection (1), shall not have effect, until it is approved by the Minister and is published in the Gazette.