SRI LANKA TEA BOARD LAW

Arrangement of Sections

1. Short title.

2. Establishment of the Sri Lanka Tea Board.

3. Board to be a body corporate and have power to acquire property.

4. Objects and general powers of the Board.

5. Board to be subject to the directions of the Minister.

5A. Tea Council.

5B. Function of the Council.

5C. Duties of Council.

6. Constitution of the Board.

6A Working Director of the Board.

7. Meetings of the Board.

8. Special powers of the Board.

9. Appointment of Tea Commissioner and abolition of the offices of Tea Controller and Commissioner of Tea Exports.

10. Appointment of public officers.

11. Officers and servants of the Board deemed to be public servants.

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

13. Levy of cess on tea.

14. Capital Fund.

15. Application of the provisions of the Public Corporations (Financial Control) Act.

16. Special duty of the Board.

17. Acquisition of property for any purpose of the Board.

18. Transfer to the Board of all property of the Tea Control Department.

19. Repealed.

20. Special provisions relating to certain public officers.

21. Provisions relating to public officers who give notice under section 20.

22. Computation of pensionable service.

23. Provisions relating to persons in receipt of pensions and employed by the Board.

24. Offences.

25. Regulations.

26. Repealed.

27. Repealed.

28. Repealed.

29. Repealed.

30. Repealed.

31. Interpretation.

14 of 1975,

10 of 1983,

17 of 1985,

44 of 1990,

29 of 2003,

44 of 2006.

13 of 2018.

A LAW to provide for the establishment of the Sri Lanka Tea Board and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st January, 1976]

1. Short title.

This Law may be cited as the Sri Lanka Tea Board Law.

2. Establishment of the Sri Lanka Tea Board.

There shall be established, in accordance with the provisions of this Law, a Board which shall be called and known as the Sri Lanka Tea Board, hereinafter referred to as “the Board”.

3. Board to be a body corporate and have power to acquire property.

(1) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.

(2) The Board shall have the power to acquire and hold or to manage property, both movable and immovable, and to sell and dispose of the same, to enter into contracts, and otherwise to do and perform all such acts or things as may be necessary for carrying out the provisions of this Law.

4. Objects and general powers of the Board.

(1) The objects of the Board shall be the promotion, by such measures as it thinks fit, of the development of the tea industry in Sri Lanka.

(2) The Board shall be the authority responsible for regulating the activities of the tea industry in Sri Lanka, and without prejudice to the generality of the provisions of subsection (1) and the other provisions of this Law, may take measures—

(a) to regulate the production and cultivation of new areas in tea, the replanting of existing estates and small holdings with high yielding material, the rehabilitation of estates and small holdings, the diversification of estates and small holdings by the establishment and operation of livestock industries, and the replacement of tea on such estates and small holdings by other crops;

(b) to regulate the establishment and operation of tea factories;

(c) to regulate the conduct of tea auctions;

(d) to regulate the sale of tea, the export of tea and the arrangements and payments relating to shipping, freight, brokerage, warehouse or any other charges incurred in the sale of tea abroad;

(e) to assist and encourage the marketing of tea in and outside Sri Lanka and to promote the demand for and the consumption of tea in the world markets;

(f) to conduct, assist and encourage scientific and technological research into, and investigations of, all problems and matters affecting the production and manufacture of tea, the control of pests and diseases of tea and the improvement of the quality of tea, and to publish and disseminate information relating to the results of such research in its discretion;

(g) to conduct, assist and encourage research into the economic state of the tea industry including future economic trends in the industry in Sri Lanka and elsewhere

(h) to secure or to facilitate the securing of supplies of machinery, equipment and other commodities needed for the development of the tea industry in Sri Lanka;

(i) to provide financial, advisory or other assistance to persons engaged in the growing or manufacture of tea;

(j) to safeguard the interests of the workers in the tea industry so as to foster increased performance as well as to ensure their economic and social well being;

(k) to collect statistics from growers, manufacturers, dealers or other persons on any matter relating to the tea industry, and to publish such statistics in its discretion;

(l) to regulate, control and direct all institutions and organisations engaged in the management of tea estates and in the production and marketing of tea;

[S 4(2)(l) am by s 2 of Act 29 of 2003.]

(m) to provide the necessary liaison between the tea industry and the departments of Government or State Corporations, in order to promote and co-ordinate action for the development of the tea industry in Sri Lanka;

[S 4(2)(m) am by s 2 of Act 29 of 2003.]

(n) to prepare manuals containing information relating to the various schemes provided for under this Law;

[S 4(2)(n) ins by s 2 of Act 29 of 2003.]

(o) to enter into agreements for co-operation with other institutions, whether in Sri Lanka or abroad, having objects wholly or partly similar to those of the Board, for the furtherance of their common objects:

[S 4(2)(o) ins by s 2 of Act 29 of 2003.]

(p) to advise the Minister on policies relating to the tea industry;

[S 4(2)(p) ins by s 2 of Act 29 of 2003.]

(q) to promote investment in the tea industry; and

[S 4(2)(q) ins by s 2 of Act 29 of 2003.]

(r) to collect and disseminate data on the tea industry.

[S 4(2)(r) ins by s 2 of Act 29 of 2003.]

5. Board to be subject to the directions of the Minister.

(1) Except as provided in subsection (2), the Board shall, in the exercise of its powers, the performance of its duties and the discharge of its functions, be subject to and act in accordance with such directions as the Minister may from time to time issue.

(2) In the exercise of its powers, in the performance of its duties and the discharge of its functions in relation to matters which fall under paragraphs (c), (d), (e), (g) and (m) of subsection (2) of section 4, the Board shall be subject to and act in accordance with such directions as the Minister, with the concurrence of the Minister in charge of the subject of Trade, may from time to time issue.

5A. Tea Council.

(1) There shall be a Tea Council (hereinafter referred to as “the Council”) with not more than twenty members nominated by the Minister, from among persons who have a knowledge of, or experience in the tea industry, with special reference to planting, manufacture, sale, advertising and marketing, export and finance.

(2) A member of the Council may at any time resign from office by a letter in that behalf addressed to the Minister.

(3) The Minister may, at any time and without assigning a reason therefor, remove a member of the Council from office.

(4) Where a member of the Council vacates office by death, resignation or removal from office, the Minister may, having regard to the provisions of subsection (1), appoint another person to act in the place of such member. The member so appointed shall hold office for the remainder of the period of office of the member who he succeeds.

(5) Where a member of the Council is temporarily unable to discharge his functions due to illness, absence from Sri Lanka or other cause, the Minister may, having regard to the provisions of subsection 17, appoint another person to act in his place.

(6) Subject to the provisions of sub sections (2) and (3), the term of office of a member of the Council shall be three years.

(7) A member vacating office by effluxion of time shall be eligible for re-appointment.

(8) The Minister shall appoint a member of the Council as the Chairman of the Council and another member as a Vice-Chairman of the Council.

(9) The Chairman or Vice-Chairman of the Council may resign from his office by a letter in that behalf addressed to the Minister.

(10) The Minister may, at any time and without assigning a reason there for, remove the Chairman or Vice-Chairman of the Council from office.

(11) The term of office of the Chairman or Vice-Chairman of the Council shall be the period of his membership of the Council.

(12) Where the Chairman of the Council is temporarily unable to discharge his functions due to illness, absence from Sri Lanka or other cause, the Minister may appoint another member of the Council to act in his place.

(13) The Council may regulate the procedure in regard to its meeting and the transaction of business at such meetings.

[S 5A ins by s 2 of Act 44 of 1990.]

5B. Function of the Council.

The function of the Council shall be to advice the Minister on all aspects of the tea industry, including planting, manufacture, sales and manufacture and export.

[S 5B ins by s 2 of Act 44 of 1990.]

5C. Duties at Council.

It shall be the duty of the Council to advice the Minister on all such matters relating to the tea industry or the administration of this Law as may be referred to it for advice by the Minister:

Provided however that nothing in this section shall be read or construed as prohibiting the Council from making any recommendation to the Minister on any aspect of the tea industry or the administration of this Law, notwithstanding that such matter may not have been referred to the Council for its advice.

[S 5C ins by s 2 of Act 44 of 1990.]

6. Constitution of the Board.

(1) The Board shall consist of—

(a) a person appointed by the Minister, who shall be the Chairman (hereinafter referred to as “the Chairman”);

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

(i) a representative of the Ministry of the Minister in charge of the subject of Finance, nominated by that Minister;

(ii) a representative of the Ministry of the Minister in charge of the subject of Trade, nominated by that Minister;

(iii) a representative of the Ministry of the Minster in charge of the subject of Plantation Industries, nominated by that Minister;

[S 6(1)(b)(iii) subs by s 2 of Act 44 of 2006.]

(iii)(a) one person nominated by the Minister in charge of the subject of Plantation Industries.

[S 6(1)(b)(iii)(a) ins by s 2 of Act 44 of 2006.]

(iv) a representative of the Tea and Small Holding Development Authority, nominated by that Authority;

(v) a representative of the Private Tea Factory Owners’ Association, nominated by that Association in consultation with the Tea Association of Sri Lanka (TASL);

(vi) a representative of the Planters’ Association of Ceylon established by the Planters’ Association of Ceylon Ordinance, nominated by that Association in consultation with the Tea Association of Sri Lanka (TASL);

(vii) a representative of the Sri Lanka Federation of Tea Small Holdings Development Societies, nominated by that Federation in consultation with the Tea Association of Sri Lanka (TASL);

(viii) a representative of the Tea Exporters’ Association, nominated by that Association in consultation with the Tea Association of Sri Lanka (TASL);

(ix) a representative of the Colombo Tea Traders’ Association, nominated by that Association in consultation with the Tea Association of Sri Lanka (TASL);

(x) a representative of the Colombo Brokers’ Association, nominated by that Association in consultation with the Tea Association of Sri Lanka (TASL);

(xi) 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 paragraph “Trade Union” shall have the same meaning as in the Trade Unions Ordinance.

[S 6(1) subs by s 3 of Act 29 of 2003.]

(2) A person shall be disqualified for nomination, or for continuing, as a member of the Board—

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

(b) if he is not, or ceases to be, a citizen of Sri Lanka.

(3) The Chairman and the nominated members of the Board shall hold office for a term of five years hut shall be eligible for re-nomination.

[S 6(3) subs by s 3 of Act 29 of 2003.]

(4) The Minister may remove the Chairman or any other nominated member of the Board from office—

(a) if he becomes subject to the disqualification mentioned in subsection (2); or

(b) if he becomes permanently incapable of performing his duties owing to physical disability or unsoundness of mind; or

(c) if he has done any act or thing which, in the opinion of the Minister, is likely to bring the Board into disrepute.

[S 6(4) am by s 3 of Act 29 of 2003.]

(5) In the event of the vacation of office by the Chairman or any other nominated member of the Board, or his removal from office under the provisions of the preceding subsection, another person shall be nominated by the Minister in his place to hold office during the unexpired part of his term of office.

[S 6(5) am by s 3 of Act 29 of 2003.]

(6) If the Chairman or any other nominated member of the Board is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause, the Minister may nominate some other person to act in his place as Chairman or as a member.

[S 6(6) am by s 3 of Act 29 of 2003.]

(7) The members of the Board shall be remunerated in such manner and at such rates, and shall be subject to such other conditions of service, as may be determined by the Minister, with the concurrence of the Minister in charge of the subject of Finance.

(8) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the nomination of a member thereof.

6A. Working Director of the Board.

(1) The Minister may appoint to the Board, a Working Director other than the members referred to in section 6 from among persons who have had wide experience in the area of tea industry.

(2) The Working Director shall—

(a) be a full time officer;

(b) assist the Chairman in the promotion of the development of the tea industry within and outside Sri Lanka; and

(c) assist the Chairman in the administration, management and operation of the affairs of the Board including the co-ordination of the activities of the Board.

(3) The Minister may remove the Working Director from office after assigning reasons therefor.

(4) The term of office of the Working Director shall be for a period of three years from the date of appointment and he shall be eligible for reappointment unless he has been removed from office as referred to in subsection (3). Such reappointment shall be for not more than one further term, whether consequent or not.

(5) The office of the Working Director shall become vacant upon death, removal from office under subsection (3) or resignation by letter in that behalf addressed to the Minister.

(6) Where the Working Director by reason of ill health, infirmity or absence from Sri Lanka is temporarily unable to perform the duties of his office, the Minister shall appoint another member of the Board to act in his place.

(7) The Working Director shall be paid such remuneration as may be specified in the relevant Public Enterprise Circular issued by the Ministry of Finance.

[S 6A ins by s 2 of Act 13 of 2018.]

7. Meetings of the Board.

(1) The meetings of the Board shall be convened by the Chairman and shall be held as frequently as is necessary for the purpose of the discharge of the Board’s responsibilities under this Law.

(2) At any meeting of the Board five members shall constitute a quorum.

(3) The Board shall cause minutes of its meetings to be recorded and shall send copies of such minutes to the Minister.

8. Special powers of the Board.

(1) The Board may establish such departments or divisions as may be necessary for the proper exercise, discharge, and performance of its powers, functions and duties.

(2) The Board may appoint such officers and servants as it considers necessary for the efficient exercise, discharge and performance of its powers, functions and duties, and may pay them such salaries and allowances and prescribe such conditions of service for them as it may determine from time to time.

(3) The Board may, with the approval of the Minister and the concurrence of the Minister in charge of the subject of Finance, establish and regulate a provident fund, medical aid schemes, credit schemes and other welfare schemes, for the benefit of its officers and servants and their dependants and nominees and may make contributions to any such fund or scheme.

9. Appointment of Tea Commissioner and abolition of the offices of Tea Controller and Commissioner of Tea Exports.

(1) There may be appointed, for the purposes of this Law, a person, by name or by office, to be or to act as Tea Commissioner who shall, subject to the provisions of this Law or any other written law—

(a) exercise, discharge and perform the powers, functions and duties vested in, and imposed on, the Tea Controller under any other written law;

(b) exercise, discharge and perform the powers, functions and duties vested in, and imposed on, the Commissioner of Tea Exports under any other written law; and

(c) perform any other functions and duties assigned to him by the Board.

(2) The office of Tea Controller, and the office of the Commissioner of Tea Exports are hereby abolished and accordingly shall cease to exist.

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Recent Updates

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MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


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SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


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GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018


GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY (SPECIAL PROVISIONS) ACT, NO. 17 OF 2018

NATIONAL DEFENCE FUND (AMENDMENT) ACT, NO. 16 OF 2018


MATERNITY BENEFITS (AMENDMENT) ACT, NO. 15 OF 2018


SRI LANKA TEA BOARD (AMENDMENT) ACT, NO. 13 OF 2018


SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT ANDREMUNERATION) (AMENDMENT) ACT, NO. 14 OF 2018


EXCISE ORDINANCE ACT, NO. 4 OF 2018