TEA SMALL HOLDINGS DEVELOPMENT LAW

Arrangement of Sections

1. Short title.

CHAPTER I

Establishment of the tea small holdings development authority

2. Establishment of the Tea Small Holdings Development Authority.

3. Authority to be a body corporate.

4. Members of the Authority.

5. Quorum.

6. Term of office of members.

7. Resignation or removal of members.

8. Meetings.

8A. Appointment of the Chairman.

9. Presidency at meetings.

10. Vacancy among members not to invalidate act or proceeding of the Authority.

11. Seal of the Authority.

12. Members to disclose interest in proposed contracts to be made by the Authority.

13. Remuneration of members of the Authority.

CHAPTER II

Functions and powers of the authority

14. Functions of the Authority.

15. Powers of the Authority.

16. Delegation of powers and functions of the Sri Lanka Tea Board to the Authority.

17. Delegation of the functions and powers of the Authority.

17A. Societies to be registered.

18. Authority subject to direction of Minister.

CHAPTER III

Finance and accounts of the authority

19. Capital of the Authority.

20. Financial year of the Authority.

21. Application of the Public Corporations (Financial Control) Act.

CHAPTER IV

General

22. Power of the Minister of make regulations.

23. Transfer of the possession and use of certain property of a Government department or any Public Corporation and certain contracts to the Authority.

24. Acquisition of immovable property under the Land Acquisition Act.

25. Appointment of public officers to the staff of the Authority.

26. Protection for action taken under this law or on the direction of the Authority.

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

28. Penalty.

29. Members and employees of the Authority deemed to be Public Servants.

30. The Authority deemed to be a scheduled institution.

31. Minister's power to mitigate hardship.

32. This Law to have precedence over other written law.

33. Interpretation.

35 of 1975,

36 of 1991,

21 of 1997,

34 of 2003.

A LAW to establish a public authority known as the Tea Small Holdings Development Authority; to provide for the development, management and regulation of tea small holdings; to provide for the compulsory acquisition of movable and immovable property; and to make provision for matters connected therewith or incidental thereto.

[Date of Commencement: 9th September, 1975]

1. Short title.

This Law may be cited as the Tea Small Holdings Development Law.

CHAPTER I

Establishment of the Tea Small Holdings Development Authority

2. Establishment of the Tea Small Holdings Development Authority.

There shall be established an Authority which shall be called the Tea Small Holdings Development Authority (in this Law referred to as the "Authority”).

3. Authority to be a body corporate.

The Authority shall, by the name assigned to it by section 2, be a body corporate and shall have perpetual succession and may sue and be sued in such name.

4. Members of the Authority.

(1) The Authority shall consist of—

(a) the Chairman appointed under section 8A;

(b) the following nominated members appointed by the Minister namely—

(i) representative of the Sri Lanka Tea Board nominated by the Sri Lanka Tea Board established by the Tea Board Law. No. 14 of 1975;

(ii) two representatives nominated by the Tea Research Institute maintained and administered by the Tea Research Board established under the Tea Research Board Act, No. 52 of 1993;

(iii) the person holding office for the time being as the Chairman or his representative of the Private Tea Factory Owners Association registered as a limited liability company under the Companies Act, No. 17 of 1982 in consultation with the Tea Association of Sri Lanka (TASL);

(iv) two members nominated by the Sri Lanka Federation of Tea Small Holdings Development Societies established under this Law in consultation with the Tea Association of Sri Lanka (TASL);

(v) two members representing Trade Unions, which shall be selected on such criteria as, may be determined by the Minister in charge of the subject of Plantation Industries: For the purposes of this sub-paragraph "Trade Union” shall have the same meaning as in the Trade Unions Ordinance;

(vi) two representatives nominated by the Minister in charge of the subject of Plantation Industries;

(vii) a representative of the Ministry of the Minister in charge of the subject of Finance nominated by that Minister in consultation with the Minister in charge of the subject of Plantation Industries;

(viii) a representative of the Planters' Association of Ceylon established by the Planters Association of Ceylon Ordinance nominated by such Association in consultation with the Tea Association of Sri Lanka (TASL).

[S 4 subs by s 2 of Act 34 of 2003.]

5. Quorum.

The quorum for any meeting of the Authority shall be five.

[S 5 am by s 3 of Act 34 of 2003.]

6. Term of office of members.

(1) Every member nominated under paragraph (b) of section 4 shall hold office for a period of five 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, unless he is earlier removed from or otherwise vacates office, for the unexpired period of the term of office of the member whom he succeeds.

[S 6(1) am by s 4 of Act 34 of 2003.]

(2) Any member of the Authority shall be eligible for reappointment.

7. Resignation or removal of members.

(1) A representative nominated under sub-paragraph (v) of paragraph (b) of section 4 may resign office by letter addressed to the Minister,

[S 7(1) am by s 5(2) of Act 34 of 2003.]

(2) —

(a) The Minister may by Order published in the Gazette for reasons assigned, remove—

(i) any nominated member other than a member nominated to the Authority under sub-paragraph (vi)
of paragraph (
b) of section 4;

(ii) with the concurrence of the relevant Minister who nominated such member nominated under sub-paragraph (vi) of paragraph (6) of section 4.

(b) A member in respect of whom an order is made under paragraph (a) of subsection (1) shall be deemed to have vacated the office on the date of publication of the order in the Gazette.

[S 7(2) subs by s 5(1) of Act 34 of 2003.]

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