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As enacted
Contents

Act of Parliament

Tea Small Holdings Development (Amendment) Act 2003

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Tea Small Holdings

Development (Amendment) Act, No. 34 of 2003.

s 2Replacement of section 4 of Law No. 35 of 1975

Section 4 of the Tea Small Holdings Development

Law , No. 35 of 1975, (hereinafter referred to as the “principal enactment”) is hereby repealed and the following section substituted therefor :—

4. (1) The Authority shall consist of—

(a)

the Chairman appointed under section 8A ; and

(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 ;

‘Members of the

Authority.

Act, No. 34 of 2003

(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 (Chapter

138) ;

(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 consulation with the Minister in charge of the subject of Plantation Industries ;

Act, No. 34 of 2003

(viii)

a representative of the Planters’

Association of Ceylon established by the Planters Association of

Ceylon Ordinance (Chapter 291)

nominated by such Association in consultation with the Tea

Association of Sri Lanka (TASL).’.

s 3Amendment of section 5 of the principal enactment

Section 5 of the principal enactment is hereby amended by the substitution for the word “three” of the word “five”.

s 4Amendment of section 6 of the principal enactment

Section 6 of the principal enactment is hereby amended in subsection (1) of that section by the substitution for the words “every member shall”, of the words “every member nominated under paragraph (b) of section 4 shall”.

s 5Amendment of section 7 of the principal enactment

Section 7 of the principal enactment is hereby amended as follows :—

(1)

by the repeal of subsection (2) of that section and the substitution therefor of the following subsection :—

“(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 relevent Minister who nominated such member nominated under sub-paragraph (vi) of paragraph (b) 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.”;

Act, No. 34 of 2003

(2)

In subsections (1) and (3) of that section by the substitution for the words “a member” wherever those words occurs of the words “ a representative nominated under sub-paragraph (v) of paragraph (b)

of section 4.”.

s 6Insertion of section 8A in the principal enactment

The following new section is hereby inserted immediately after section 8 and shall have effect as section 8A of the principal enactment.

8A. There shall be a Chairman of the

Authority appointed by the Minister.”.

s 7Amendment of section 14 of the principal enactment

Section 14 of the principal enactment is hereby amended as follows :–

(i)

by the renumbering of paragraph (d) as paragraph (g) of that section ; and

(ii)

by the insertion, immediately after paragraph (c) of that section, of the following new paragraphs :—

“(d)

to promote investment in tea small holdings ;

(e)

to undertake the collection and dissemination of data and to ascertain the development potential of tea small holdings ;

(f)

to advise the Ministry on appropriate policies and to co-ordinate with other relevant agencies.”.

s 8Transitional provision

The members of the Authority holding office on the day immediately preceding the date of commencement of this Act shall continue to hold office as such, until such time, the Authority is reconstituted under section 4 of the principal enactment as amended by this Act.

s 9Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

“Appointment of the

Chairman.

Act, No. 34 of 2003