COCONUT DEVELOPMENT ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF BOARDS AND THEIR CONSTITUTION

2. Establishment of Boards.

3. Members of the Board.

4. Disqualification.

5. Terms of office of members.

6. Resignation and removal of members.

7. Appointment of acting members.

8. Eligibility of members for re-appointment.

9. Quorum for meeting of the Board.

10. Procedure at meeting of the Board.

11. Who may preside at meetings

12. Vacancy among members not to invalidate the acts of the Board.

13. Remuneration of members the Board.

14. Seal of the Board.

15. Board subject to direction and control by the Authority.

16. Member to disclose interest in contract proposed to be made by the Board.

17. Members and employees of the Board deemed to be public servants.

18. Board deemed to be a scheduled institution within the meaning of the Bribery Act.

19. Delegation of functions and powers by the Board.

PART II

FUNCTIONS AND POWERS OF THE BOARD

20. Functions of the Board.

21. No function of the Board to be enforceable in court.

22. Powers of the Board.

23. Special powers of the Board.

PART III

COCONUT DEVELOPMENT AUTHORITY—ITS CONSTITUTION, FUNCTIONS AND POWERS

24. Coconut Development Authority.

25. Authority to be a corporation.

26. Members of the Authority.

27. Quorum for meeting of the Authority.

28. Authority subject to direction and control by Minister.

29. Provisions of sections 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18 and 19 to apply.

30. Functions of the Authority.

31. Powers of the Authority.

PART IV

FINANCE AND ACCOUNTS OF THE BOARD AND THE AUTHORITY

32. Capital of the Board.

33. Coconut cess.

34. Authority to receive sums voted or authorised by Parliament.

35. Financial year.

36. Budget to be approved by Minister.

37. The Authority to make payments to the Board.

38. Incurring of expenditure.

39. Power to borrow.

40. Exemption from customs duty.

41. Accounts.

42. Audit of accounts.

43. The Auditor-General's report.

44. The Auditor-General's report to be transmitted to the Minister.

PART V

MANAGEMENT AND ACQUISITION

45. Management of coconut plantation by Authority or Board.

46. Expenses of management to be recovered from proprietor.

47. Prevention of or obstruction to persons acting under section 45 or section 46.

48. Acquisition of a coconut plantation.

49. Absolute title to acquired coconut plantation.

50. Provisions of Sri Lanka State Trading corporations Act to apply.

PART VI

GENERAL

51. Regulations.

52. Transfer of State property and certain contracts and liabilities to the Board or to the Authority.

53. Power to acquire land compulsorily.

54. Appointment of public officers to the staff of the Board or of the Authority.

55. Protection for action taken under this Act or on the direction of the Board or the Authority.

56. No writ to issue against person or property of a member of the Board or the Authority.

57. Offences.

58. Board to take over business of other Boards.

59. Boards which are subject to direction and control of the Authority.

60. Minister's power to mitigate hardship.

61. This Act to have precedence over other written law.

62. Interpretation.

63. Reference to coconut to be construed as including reference to Palmyrah and certain other palms.

24 of 1975,

46 of 1971,

7 of 1986,

8 of 1986,

40 of 1987,

40 of 2003.

AN ACT to provide for the development and regulation of the coconut industry and the utilisation of land in and for coconut plantations; to establish Boards and a public authority known as the Coconut Development authority and to regulate their powers and functions; to provide for a cess on coconut products; to provide for the management and acquisition of coconut plantations, and to make provision for matters connected therewith or incidental thereto.

[Date of Commencement: 30th October, 1971]

1. Short title.

This Act may be cited as the Coconut Development Act.

PART I

ESTABLISHMENT OF BOARDS AND THEIR CONSTITUTION

2. Establishment of Boards.

(1) Where the Minister considers it desirable that a Board should be established for the purpose of performing any one or more, or any part, of the functions specified in section 20, the Minister may, by Order published in the Gazette:

(i) specify, subject to the provisions of section 20, the functions to which the Order relates;

(ii) declare that a Board shall be established to perform the specified functions;

(iii) assign a corporate name to the Board;

(iv) specify the initial capital of the Board which shall not exceed such amount as shall have been approved by Parliament;

(v) specify the special powers, if any, of the Board;

(vi) state the principal place of business of the Board;

(vii) fix the number of members of the Board, the number so fixed being not more than eleven;

[S 2(1)(vii) subs by s 2 of Act 40 of 2003.]

(viii) appoint, in accordance with the provisions of section 3, the members of the Board;

(ix) appoint one of the members of the Board as the Chairman of the Board; and

(x) determine the quorum for any meeting of the Board.

(2) Upon the publication of an Order under subsection (1) in the Gazette, a Board (in this Act referred to as the "Board”) consisting of the persons who are for the time being members thereof by virtue of the provisions of section 3 shall, with the corporate name specified in such Order, be deemed to have been established. The Board shall be a body corporate and shall have perpetual succession.

(3) The Minister may, from time to time, by Order published in the Gazette, amend or rescind any Order made under subsection (1).

(4) An Order made under subsection (1), as amended from time to time, is in this Act referred to as the "Incorporation Older”.

(5) The Board may sue and be sued in its corporate name.

(6) The functions of the Board shall be those specified in the Incorporation Order.

(7) The special powers of the Board shall be those specified in the Incorporation Order.

(8) The principal place of business of the Board shall be that specified in the Incorporation Order.

3. Members of the Board.

(1) The Board shall consist of such number of members as is fixed by the Incorporation Order and from time to time appointed by the Minister:

Provided that, on any Board that handles coconut products for foreign markets, one such member shall be nominated for appointment by the Minister in charge of the subject of Trade.

(2) The Minister shall appoint one of the members of the Board to be the Chairman of the Board.

4. Disqualification.

A Member of Parliament shall not be qualified to be a member of the Board.

5. Terms of office of members.

Every member shall hold office for a period of three years, unless he is removed from, or otherwise vacates, office earlier:

Provided that a member appointed in place of a member who is removed from, or otherwise vacates, office shall hold office for the unexpired period of the term of office of the member whom he succeeds, unless he earlier is removed from or otherwise vacates office.

6. Resignation and removal of members.

(1) A member may resign office by letter addressed to the Minister.

(2) The Minister may, if he thinks it expedient to do so, remove a member from office without assigning any reason.

7. Appointment of acting members.

Where a member is temporarily unable to discharge the duties of his office on account of ill health, absence from Sri Lanka or any other cause, the Minister may appoint some other person to act as member in his place.

8. Eligibility of members for re-appointment.

Any member of the Board shall be eligible for reappointment.

9. Quorum for meeting of the Board.

The quorum for any meeting of the Board shall be such number as may be determined by the Minister in the Incorporation Order.

10. Procedure at meeting of the Board.

Subject to the other provisions of this Act, the Board may regulate its procedure in regard to the meetings of the Board and the transaction of business at such meetings.

11. Who may preside at meetings.

(1) The Chairman of the Board shall preside at every meeting of the Board at which he is present. In the absence of the Chairman from any meeting of the Board, a member chosen by a majority of the members present shall preside at such meeting.

(2) The Chairman of any meeting of the Board shall, in addition to his own vote, have a casting vote.

12. Vacancy among members not to invalidate the acts of the Board.

Any act or proceeding of the Board shall not be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in appointment of any of its members.

13. Remuneration of members the Board.

The members of the Board may be remunerated in such manner and at such rates as the Minister may, in consultation with the Minister in charge of the subject of Finance, determine.

14. Seal of the Board.

(1) The Board shall have a common seal which shall be in the custody of such person as the Board may decide from time to time.

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

(3) The seal of the Board shall not be affixed to any instrument or document except in the presence of two members of the Board, both of whom shall sign the instrument or document in token of their presence.

(4) The Board shall maintain a register of the instruments or documents to which the seal of the Board is affixed.

15. Board subject to direction and control by the Authority.

In the exercise, discharge and performance of its powers and functions, the Board shall be subject to direction and control by the Authority established by section 24.

16. Member to disclose interest in contract proposed to be made by the Board.

A member who is directly or indirectly interested in a contract proposed to be made by the Board shall disclose the nature of his interest at a meeting of the Board. The disclosure shall be recorded in the minutes of the Board, and that member shall not take part in any deliberation or decision of the Board with respect to such contract.

17. Members and employees of the Board deemed to be public servants.

All members and employees of the Board shall be deemed to be public servants within the meaning and for the purposes of the Penal Code.

18. Board deemed to be a scheduled institution within the meaning of the Bribery Act.

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.

19. Delegation of functions and powers by the Board.

(1) Subject to the provisions of this Act, the supervision, control and administration of the affairs and business of the Board shall be vested in the Board.

(2) The Board may delegate to any member of the Board or to any employee of the Board any of its powers or functions.

(2a) Where the powers referred to in paragraph (h) of subsection (1) of section 23 in respect of the export of any coconut product, are assigned to the Board, the Board may, with the approval of the Minister, delegate to any commercial bank the power to issue licenses for the export of that coconut product in accordance with the qualifications, terms and conditions and procedure for the issue of such licenses as may return mind by the Board.

[S 19(2a) ins by s 2(a) of Act 8 of 1986.]

(3) Every delegate appointed under subsection (2) or Subsection (2a) shall exercise or perform the power or function delegated to him subject to direction and control by the Board.

[S 19(3) am by s 2(b) of Act 8 of 1986.]

PART II

FUNCTIONS AND POWERS OF THE BOARD

20. Functions of the Board.

(1) The Minister may, in the Incorporation Order, assign to the Board any one or more, or any part, of the following functions, namely—

(a) the development and assistance in the development of the productivity of land in coconut plantations;

(b) the cultivation and assistance in and promotion and regulation of the cultivation of land with coconut;

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