NATIONAL INSTITUTE OF BUSINESS MANAGEMENT

(1) There shall be established an institute which shall be called the National Institute of Business Management (hereinafter in this Law referred to as the ” Institute”) which shall consist of the persons who are for the time being members of the Institute under section 6.

(2) The Institute 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 its corporate name.

(3) The members of the Board of Governors shall be the members of the Institute.

(1) The general objects of the institute shall be-

(2) It shall be the duty of the Institute to advise the Minister and the Government on any or all of the matters referred to in subsection (1) and on any other matter that may be referred to the Institute for advice by the Minister and the Government.

(a) acquire in any manner whatsoever and hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any movable or immovable property;

(b) establish and operate management training and education centers;

(c) conduct, assist, co-ordinate and encourage research into all aspects of management;

(d) appoint, employ, remunerate and exercise disciplinary control over its officers and servants;

(e) levy fees or charges for any service rendered by the Institute ;

(f) pay fees or charges for any services rendered to the Institute ;

(g) import plant, machinery and equipment required for the purposes of the Institute, and receive equipment, funds, personnel and any other assistance for carrying out the objects of the Institute,

(h) establish work performance standards for its own personnel, evaluate such performance and take reasonable action thereupon;

(i) establish and maintain welfare and recreational facilities for its employees;

(j) make rules in relation to its officers and servants including the appointment, training, promotion, remuneration, disciplinary control, conduct and grant of leave ;

(k) make rules in respect of the general administration of the Institute ;

(l) do all other things which are necessary or conducive or incidental to the attainment of the objectives and functions of the Institute.

(1) The Institute shall have a Board of Governors (hereinafter in this of referred to as the ” Board “), consisting of the following members appointed by the Minister, namely-

(2) A person shall be disqualified from being appointed, or for continuing, as a member of the Board-

(1) Every member appointed under subsection (1) of section 6 shall, unless he vacates office earlier by death, resignation or removal, hold office for a period of three years.

(2)

(3) Where a member of the Board appointed under subsection (1) of section 6 is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may, having regard to the provisions of that paragraph, appoint any person to act in his place.

(1) The Minister may, if he considers it expedient so to do, remove by Order published in the Gazette any member of the Board appointed under subsection (1) of section 6 without reasons stated.

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

(1) The meetings of the Board shall be held once at least every month.

(2) The Chairman shall summon a special meeting of the Board within seven days after being requested in writing to do so by two members of the Board.

(3) The Chairman shall give at least seven days’ notice in writing of every meeting of the Board to each of the members, and shall specify in such notice the business to be dealt with at such or meeting,

(4) Five members shall form a quorum at any meeting of the Board.

(5) The Chairman shall preside at meetings of the Board and in the absence of the Chairman from any meeting of the Board a member chosen by the majority of members present shall preside at such meeting.

(6) If the Chairman is by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint one of the members to act in his place.

(7) Where there is an equality of votes on any matter or thing decided at a meeting of the Board, the Chairman at such meeting shall, in addition to his vote, have a second or casting vote.

(8) Subject to the provisions herein contained the Board may determine its own procedure.

(1) The Minister shall appoint a person suitably qualified in relation to the work of the Institute as the Director-General of the Institute hereinafter in this Law referred to as the ” Director-General “.

(2) The Director-General may be paid such remuneration as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(3) The Director-General shall execute perform such powers, functions and duties as may be delegated to him.

(1) Subject to the other provisions of this Law the Board may-

(2) Rules may be made under this Law in respect of all or any of the matters referred to in subsection (1).

(1) The Board may delegate to the Director-General of the Institute all or any of its powers relating to the appointment of other officers or servants to the staff of the Institute. The conditions of employment including remuneration of any of the members of the professional staff appointed by the Director-General under the powers delegated to him shall be determined by him with the concurrence of the Board.

(2) Any person aggrieved by any decision made by the Director-General under this section may appeal therefrom in writing to the Board and the decision of the Board on such appeal shall be final.

(3) The dismissal by the Director-General of any member of the professional staff of the Institute shall not take effect unless it is approved by the Board.

(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 charged with the subject of Public Administration, be temporarily appointed to the staff of the Institute for such period as may be determined by the Board with like consent, or be permanently appointed to such staff.

(2) Where any public officer is temporarily appointed to the staff of the Institute, the provisions of subsection (2) of section 9 (other than the provisions of paragraph (a) of that subsection) of the Motor Transport Act, No. 48 of 1957,* shall mutatis mutandis apply to and in relation to such officer.

(3) Where any public officer is permanently appointed to the staff of the Institute, the provisions of subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957,* shall mutatis mutandis apply to and in relation to such officer.

(4) Any officer or servant of a State Corporation! may, with the consent of such officer or servant and the Board of Directors of such Corporation, be temporarily or permanently appointed to the staff of the Institute on such terms and conditions, including those relating to the Provident Fund rights, as may be agreed upon by the Board of Directors of that Corporation and the Board of Governors of the Institute.

(5) Where the Institute employs any 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 by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.

(1) The Institute shall have its own fund.

(2) There shall be credited to the fund of the Institute:-

(3) All sums of money required to defray any expenditure incurred by the Board in the exercise, discharge and performance of its functions, powers and duties shall be charged on the fund.

(1) No member of the Board or an officer or servant of the Institute shall disclose to any person except to, the Minister, or for the purposes of the performance of his duties, or the exercise of his functions or when required to do so before a court or under any law, any information acquired by him in the performance of his duties or the exercise of his functions:

Provided, however, that no information in relation to matters which the Institute is bound to treat as confidential by any agreement with another party other than the Government shall be disclosed under the preceding provisions of this section.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.

(1) Contracts on behalf of the Institute may be made as follows:-

(2) A contract made according to this section shall be effectual in law and shall bind the Institute and all persons thereto and their legal representatives.

(1) Where any immovable property is required to be acquired for the purpose of the Institute and the Minister, by Order published in the Gazette approves of the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly be acquired under the Land Acquisition Act and be transferred to the Institute.

(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Institute shall be paid from the fund of the Institute.

(1) Where any immovable property of the State is required for the purpose of the Institute, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the State Lands Ordinance and accordingly the provisions of that Ordinance shall apply to a special “grant or lease of such property to the Institute.

(2) Where any movable property of the State is required for the purpose of the .Institute, the Minister may, by Order published in the Gazette, transfer to and vest in the Institute the possession and use of such property.

(1) Except with the written approval of the Minister no person other than the Institute shall carry on any activity, business, trade or occupation under the designation which contains the words . ” National Institute of Business Management” or such other words the use of which would imply that such person is carrying on such activity, business trade or occupation in association with or with the approval of or under the authority of the ” National Institute of Business Management.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence,

(1) The Minister may give special or general directions in writing as to the performance of the duties and the exercise of the powers of the Board, and the Board shall give effect to such directions-

(2) The Minister may from time to time direct the Board to furnish to him in writing such information as he may require relating to the work of the Institute.

(1) The Institute may make rules in respect of all or any of the matters for which rules are authorized or required by this Law to be made.

(2) No rule made by the Institute shall have effect until it has been approved by the Minister.

(1) No suit or prosecution shall lie-

(2) Any expense incurred by such person as is referred to in subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done by him under this Law or on the direction of the Board shall, if the court holds that the act was done in good faith, be paid out of the funds of the Board.