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| National Institute Of Plantation Management (Amendment) |
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AN ACT TO AMEND THE NATIONAL INSTITUTE OF PLANTATION MANAGEMENT ACT, No. 45 OF 1979
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:
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[30th January
, 1987 ]
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Short title.
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1. This Act may be cited as the National Institute of Plantation Management (Amendment) Act, No. 5 of 1987.
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Amendment of section 3 of Act No. 45 of 1979.
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2. Section 3 of the National Institute of Plantation Management Act, No. 45 of 1979 (hereinafter referred to as the” principal enactment”) is hereby amended in subsection (1) of that section by the addition at the end of paragraph (f), of the following paragraphs:
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“(g) to offer training in plantation management to persons who have the necessary aptitude for plantation management having regard: to the man-power requirement in the plantation industry;
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(h) to furnish managerial, technical and administrative advice and services to any Government department, public corporation or other institution within or ,outside Sri Lanka in respect of plantation industry.”.
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Amendment of section 4 of the principal enactment.
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3. Section 4 of the principal enactment is hereby. Amendment amended by the addition at the end of paragraph (i) thereof, of the following paragraphs :-
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” (j) assess the eligibility of candidates for admission to various grades of membership and to conduct or provide for the conduct of the qualifying examination for all grades or membership of the Institute and to promote, provide or approve courses of study for such examination;
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(k) ensure the maintenance of high standards in the professional activities and the general conduct of its members.”.
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Amendment of section 6 of the principal enactment.
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4. Section 6 of the principal enactment is hereby Amendment amended in subsection (1) thereof, by the substitution for sub-paragraph (i) of paragraph (c) of that subsection, of principal the following sub-paragraph: –
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” (i) three members nominated by the Minister in charge of the subject of Plantation Industries;”.
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Insertion of new Part to the principal enactment.
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5. The following new Part is hereby inserted immediately after Part I and shall have effect as Part IA of the principal enactment:
| QUALIFICATIONS FOR ENROLMENT, PROVISIONS AS TO DISENROLMENT, USE OF TITLES, &c. |
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General disqualifications.
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15A.
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(1) No person shall be enrolled as a member of the Institute under section 4,
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(a) if he has not attained the age of eighteen years;
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(b) if he has been adjudged by a competent court to be of unsound mind;
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(c) if having been adjudged an insolvent or bankrupt, he has not been granted by a competent court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or partly from unavoidable losses or misfortunes;
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(d) if he has been convicted by a competent court, whether in Sri Lanka or outside Sri Lanka, of any offence involving moral turpitude and punishable with imprisonment for a term not less than six months.
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(2) The Board shall disenrol any person who is a member of the Institute, if he becomes subject. to any disqualification mentioned in paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) of this section:
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Provided, however, that such disenrolment shall not prevent the Board from subsequently re-enrolling such person if satisfied that he is fit to be a member.
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Disenrolment for professional misconduct.
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15B.
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(1) The Board may disenrol any individual who is a member of the Institute, as a member, if satisfied that he is unfit to be a member by reason that he has been guilty of professional misconduct.
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(2) The disenrolment of any member under subsection (1) shall not prevent the Board from subsequently re-enrolling that member, if satisfied that he is fit to practise the profession of a member.
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(3) For the purpose of this Act
(a) conviction by a competent court whether in or outside Sri Lanka for any offence involving moral turpitude punishable with imprisonment;
(b) gross negligence in the performance or professional work;
(c) making a declaration, statement or return to the Board knowing it to be false;
(d) discrediting or attempting to discredit the reputation of the Institute, shall be deemed to be professional misconduct.
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Inquiries by Disciplinary Committee.
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15c.
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(1) The Board shall not, under section 15B disenrol any member unless a Disciplinary Committee has, after inquiry made a report to the Council that the member has been guilty of professional misconduct.
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(2) Where the Board has reasonable cause to believe, whether upon complaint made to it or otherwise, that any member of the Institute has been guilty of professional misconduct, the Board may appoint a Disciplinary Committee for the purpose of holding an inquiry into the conduct of that member.
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(3) The provisions of the Schedule to this Act shall apply in relation to the constitution of and the procedure to be followed by Disciplinary Committees appointed under this section, the proceedings at, inquiries held by such Committees and the powers exercisable by such Committees.
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Suspension in lieu of disenrolment.
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15D. In any case where the Board is by section 15B empowered to disenrol any member from membership of the Institute the Board may, in lieu of exercising that power, suspend that member from membership for such period as the Board may deem fit.
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Appeal to the Court of Appeal from decisions of the Board under section 15B or section 15D.
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15E. Any person aggrieved by a decision of the Board under section 15B or section 15D may appeal against that decision to the Court. of Appeal within one month of such decision being communicated to him.
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Restriction as to use of titles conferred under this Act.
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15F. No person, shall take or use the title ” student member of the National Institute of Plantation Management “, “Associate member of the National Institute of Plantation Management”, “Fellow Member of the National Institute of Plantation Management “, unless he has been enrolled as such by the Institute.
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Offence.
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15G. Every person who neglects or fails to comply with the provisions of section 15F of this Act shall be guilty of an offence and on conviction after trial before a Magistrate be liable to imprisonment of either description for a period not exceeding six months or to a fine not exceeding one thousand five hundred rupees or to both such imprisonment and fine. ‘.
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Replacement of section 30 of the principal enactment.
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6. Section 30 of the principal enactment is hereby repealed and the following section substituted therefor:
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“Power to make rules.
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30.
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(1) The Institute may make rules in respect of all or any matters for which rules are authorized or required by this Act to be made.
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(2) Without prejudice to the generality of the powers of subsection (1), the Board may make rules in respect of all or any of the following matters:
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(a) qualifications for admission to various grades of membership;
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(b) the time and manner of the payment of enrolment and renewal fees for different grades of membership, the termination of membership Upon failure to pay renewal fees and the conditions of restoration to membership in such cases;
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(c) the fees to be paid to the Board by students admitted to the qualifying examinations for courses of instructions provided by the Board and the engagement and remuneration of lecturers and examiners;
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(d) the grant of assistance whether financial or otherwise to student members.
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(3) A rule made by the Institute under this section shall not have effect until it is approved by the Minister and is published in the Gazette. “.
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Schedules
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