NATIONAL CRAFTS COUNCIL AND ALLIED
INSTITUTIONS ACT

Arrangement of Sections

1. Short title.

PART I

2. Establishment of the National Crafts Council.

3. Constitution of the Council.

4. Disqualification from membership.

5. Term of office of members of the Council.

6. The seal of the Council.

7. Removal of members of the Council.

8. Resignation of members of the Council.

9. Reimbursement of expenses of members of the Council.

10. Meetings of the Council.

11. Acts not invalidated by reason of vacancy or defect in the appointment of members.

12. Standing Committees.

13. Delegation of powers.

14. Secretary of the Council.

15. Powers of the Council in regard to the staff.

16. Appointment of public officer's to the staff.

17. Powers and functions of the Council.

18. Fund of the Council.

19. Levy of cess on export of handicrafts.

20. Year and audit of accounts of the Council.

21. Officers and servants of the Council deemed to be public servants.

22. The Council deemed to be a scheduled institution within the meaning of the Bribery Act.

23. Returns and information.

24. Regulations.

PART II

25. Constitution of Crafts Councils.

26. Disqualification from membership.

27. Term of office of members.

28. Meetings of a Council.

29. Removal of members of a Council.

30. Resignation of members.

31. Powers and functions of a Council.

32. Regulations.

PART III

33. Establishment of the Sri Lanka Handicrafts Board.

34. Members of the Board.

35. Disqualification membership.

36. Term of office of members.

37. Removal of members of the Board.

38. Resignation of members.

39. Remuneration of members.

40. Meetings of the Board and quorum.

41. Acts not invalidated by reason of vacancy or defect in the appointment of member.

42. Period of office of Chairman.

43. Seal of the Board.

44. Objects of the Board.

45. Powers functions and duties of the Board.

46. Directions of the Minister.

47. Delegation of powers by Chairman to employees.

48. Transfer of property held by the Department for Marketing and Export Promotion of Handicrafts and the Department of Small Industries pertaining to the relevant sections to the Board.

49. Staff of the Board.

50. Notice required to be given by certain public officers of the Departments of Marketing and Export Promotion of Handicrafts and of Small Industries.

51. Certain provisions of Act No. 17 of 1969 to apply to officers referred to in section 50.

52. Appointment of public officers other than those referred to in section 50.

53. Service to the Board to be regarded as service to the Government for the purpose of contracts to serve the Government.

54. Employment by Board of person already in receipt of pensions.

55. Interpretation.

56. Protection for action taken under this Part or on the direction of the Board.

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

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

59. Fund of the Board.

60. Capital of the Board.

61. Annual grant to the Board.

62. Borrowing powers.

63. Investment of the funds of the Board.

64. Financial year and the audit of the accounts of the Board.

65. Programme of work to be undertaken by the Board during a financial year to be transmitted to the Minister for his approval.

66. Regulations.

67. Power of Board to compound claims.

68. Power of companies to enter into contracts with the Board.

69. State property both movable and immovable to be made available to the Board.

70. Acquisition of immovable property under the Land Acquisition Act for the Board.

PART IV

71. National Design Centre.

72. Constitution of the Board.

73. Disqualification from membership.

74. Member to disclose interests to the Board.

75. Meetings of the Board and quorum.

76. Acts not invalidated by reason of vacancy on defect in the appointment of member.

77. Term of office of members.

78. Removal of members of the Board.

79. Resignation of members.

80. Remuneration of members of the Board.

81. Seal of the Centre.

82. Powers and functions of the Centre.

83. Fund of the Centre.

84. Financial year and the audit of accounts of the Centre.

85. Staff of the Centre.

86. Regulations.

87. Rules made by the Board.

88. Protection for action' taken under this Part or on the direction of the Board.

89. Board to compound claim.

90. Acquisition of immovable property under the Land Acquisition Act for the centre.

91. State property both movable and immovable to be made available to the Centre.

SCHEDULE

35 of 1982.

AN ACT to provide for the establishment of the National Crafts Council, Crafts Councils, the Sri Lanka Handicrafts Board and the National Design Centre for the purpose of the promotion, development and fostering of handicrafts including traditional handicrafts and for the improvement of their quality and for matters connected therewith or incidental thereto.

[Date of Commencement: 12th October, 1982]

1. Short title.

This Act may be cited as the National Crafts Council and Allied Institutions Act.

PART I

2. Establishment of the National Crafts Council.

(1) There shall be established a National Crafts Council (hereinafter in this Part referred to as the "Council”).

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

3. Constitution of the Council.

(1) The Council shall consist of the following members who shall be appointed by the Minister—

(i) a total number of persons not exceeding five to represent crafts councils appointed under section 25 or any craft or crafts;

(ii) three persons who in the opinion of the Minister are specially qualified in relation to the work of the Council;

(iii) the Secretary to the Ministry of the Minister in charge of the subject of Rural Industrial Development or his representative nominated by the Secretary;

(iv) one person nominated by the Minister in charge of the subject of Trade;

(v) one person nominated by the Minister in charge of the subject of Cultural Affairs;

(vi) the Chairman of the Sri Lanka Handicrafts Board;

(vii) the Chairman of the National Design Centre;

(viii) the Director of the Department of Small Industries; and

(ix) the Director of the Ceylon Institute for Scientific and Industrial Research or his representative nominated by the Director.

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

4. Disqualification from membership.

A person shall be disqualified from being appointed or continuing as a member of the Council—

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

(b) if he has any such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Council.

5. Term of office of members of the Council.

(1) Every appointed member shall, unless he vacates office earlier by death, resignation or removal, hold office for a term of three years and shall be eligible for reappointment.

(2) In the event of the death of or the vacation of office by any member of the Council or his removal from office, the Minister may appoint another person in like manner as such member was appointed in accordance with the provisions of section 3. Any person appointed in place of such member shall hold office during the unexpired part of the term of office of the member whom he succeeds.

(3) If any member of the Council is temporarily unable to perform the duties of his office during any period due to ill health or absence from Sri Lanka or for any other cause, the Minister may appoint some other person to act in his place during such period in like manner as such member was appointed in accordance with the provisions of section 3.

6. The seal of the Council.

(1) The seal of the Council shall be in the custody of the Council.

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

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

7. Removal of members of the Council.

(1) The Minister may, if he considers it expedient to do so, remove any member of the Council appointed under section 3 without reasons stated.

(2) The removal of any member under subsection (1) shall not be called in question in any court.

8. Resignation of members of the Council.

Any member of the Council may at any time resign his office by letter in that behalf addressed to the Minister.

9. Reimbursement of expenses of members of the Council.

The members of the Council shall not be paid any remuneration but shall be reimbursed by the Council for such travelling, hotel and incidental expenses as they may incur for the purpose of attending meetings of the Council or for such other purpose connected with the activities of the Council.

10. Meetings of the Council.

(1) The Council shall meet at least once in every three months.

(2) The Chairman of the Council shall, if present, preside at all meetings of the Council. In the absence of the Chairman from any such meeting the members present shall elect one of the members to preside at such meetings.

(3) Subject to the other provisions of this Part, the procedure to be followed in regard to the transaction of business at meetings of the Council shall be as prescribed.

11. Acts not invalidated by reason of vacancy or defect in the appointment of members.

No act, decision or proceeding of the Council shall be deemed to be invalid by reason only of the existence of any vacancy in the Council or defect in the appointment of any member of the Council.

12. Standing Committees.

(1) The Minister may, on the recommendation of the Council, appoint such Standing Committees as he may deem necessary to assist in the performance of its functions and may appoint such persons (whether connected with the Council or not), as he may deem fit to be members of such Committees.

(2) The Minister shall appoint one of the members of a Standing Committee appointed under subsection (1) to be the Chairman of such Committee. The Chairman so appoint end shall be the convener of that Committee.

(3) Every Standing Committee established under subsection (1) shall determine the quorum for the meetings of such Committee.

(4) The procedure to be followed at such meetings shall be as prescribed.

13. Delegation of powers.

(1) The Council may delegate to a Standing Committee any of its powers and functions.

(2) A Standing Committee shall exercise and perform the powers and functions as delegated subject to the general or special directions of the Council.

14. Secretary of the Council.

The Council shall, with the approval of the Minister, appoint a competent and experienced person as the Secretary of such Council.

15. Powers of the Council in regard to the staff.

Subject to the other provisions of this Part the Council may—

(a) appoint, dismiss and exercise disciplinary control over the staff of the Council;

(b) fix the wages or the salaries or other remuneration of the staff;

(c) determine the terms and conditions of service of such staff; and

(d) establish and regulate a provident fund and schemes for the benefit of such staff and make contributions to such fund or schemes.

16. Appointment of public officers to the staff.

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

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

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

(4) Where the Council employs any person who has agreed to serve the Government for a specified period, any period of service to the Council by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such agreement.

(5) At the request of the Council any member of the Local Government Service or any officer or servant of a local authority may, with the consent of such member, officer or servant and the Local Government Service Advisory Board or the local authority, as the case may be, be temporarily appointed to the staff of the Council for such period as may be determined by the Council with like consent, or with like consent 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 Council and the Local Government Service Advisory Board or that local authority.

(6) At the request of the Council any officer or servant of a public corporation may, with the consent of such officer or servant and the public corporation, be temporarily appointed to the staff of the Council for such period as may be determined by the Council with like consent or with like consent be permanently appointed to such staff in such terms and conditions including those relating to pension or provident fund rights, as, may be agreed upon by the Council and the said public corporation.

(7) Where any person is temporarily appointed to the staff of the Council in pursuance of subsections (5) and (6) such person shall be subject to amp; the same disciplinary control as any other member of such staff.

17. Powers and functions of the Council.

The powers and functions of the Council shall be to—

(a) hold exhibitions both in Sri Lanka and abroad;

(b) improve the quality of the raw materials used for the production of handicrafts and of the finished products;

(c) institute and award prizes, medals and scholarships for the study of handicrafts;

(d) provide financial and any other assistance with the approval of the Minister to Crafts Councils or other institutions or organisations engaged in design production or sale of handicrafts;

(e) provide for the training of craftsmen and advise on all training programmes for craftsmen, apprentices and employees who are in charge of training institutions connected with craftsmen;

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